Edgar P. Gautreaux, Etc. v. Katherine Kumm and Mary J. Sweeney

Before us is an appeal from a judgment in an action of interpleader filed by the Travelers Insurance Company, ordering the distribution to appellants and appel-lees of the sum o£ $19,276.21, plus interest, said sum being the balance of the sum of $25,000.00 deposited by the insurance company, as stakeholder, into the registry of the court after payment of the sum of $5,723.79 to all intervening claimants of the fund other than appellants and appellees.

The litigation arose out of an automobile accident which occurred on a public highway near Gallup, New Mexico. One of the vehicles involved was a Falcon automobile covered by public liability insurance in the amount of $20,000 and property damage insurance in the amount of $5,000 issued by Travelers Insurance Company to appellee, Mary J. Sweeney, and being driven in a westerly direction by Ann Margaret Baumbaeh, and having as occupants, Katherine Kumm, owner of the automobile and sister-in-law of the driver, and Elva Baumbaeh, the mother of appellees. The Falcon car hit a slick patch on the highway, skidded into the eastbound traffic lane striking an eastbound automobile, causing the Falcon to turn over on its side and come to rest…