New Amsterdam Casualty Company v. Curtis Ellzey, Sr.

BORAH, Circuit Judge.

This appeal from a summary judgment entered in favor of Curtis Ellzey, Sr. in his suit against New Amsterdam Casualty Company, presents a single question of law, and that is whether the trial court correctly held the defendant insurer liable on a Comprehensive Liability Policy for personal injuries to a third person caused by an accident which arose out of the following stipulated facts:

In July, 1954, while the policy was in full force and effect, the insured, who owned and operated several retail hard ware and appliance stores, sold a thirty-inch Reed window fan to one…