Raymond G. Budden v. British-America Assurance Co., a Corporation

This is an appeal from the United States District Court for the District of Oregon. The jurisdiction of that court was based on diversity of citizenship, 28 U.S.C. § 1332 (a). The case was tried to the court, and a judgment of dismissal was entered, with an opinion which set forth the findings and conclusion of the court at 203 F.Supp. 894 (D.Ore. 1962). This appeal is from that judgment. The jurisdiction of this court is based on 28 U.S.C. § 1291 .

The theory of the appellant’s suit is not clear to us. He was injured on August 17, 1957, by an automobile driven by one Carl Clifford Dahlgren, Jr. He brought a suit against Dahlgren in a state court in Oregon, and obtained in 1959, a judgment for $25,015.22 against Dahlgren. Dahlgren had liability insurance, but the upper limit of the insurance carrier’s liability, in the circumstances, was $10,000, plus certain expenses of litigation. The insurance carrier paid the appellant $10,131.58, which amount was credited on the appellant’s judgment against Dahlgren. In 1960, Dahlgren went through bankruptcy, and listed the unpaid balance of appellant’s judgment as one of his debts. Appellant was paid $172.90 out of the bankrupt estate. This…