Eva Tolano, as Surviving Wife of Selso Tolano, Her Husband, Deceased v. National Union Insurance Companies, a Foreign Corporation

The judgment of the district court is affirmed.

Young Buick, Inc., of Tucson, sold an automobile to Mrs. Ellen McGlade on credit. The paper work on the sale was certainly confusing. A state certificate of title was issued to Mrs. McGlade showing a lien in favor of a credit company that refused to finance the deal. So, Young Buick apparently carried the debt on a basis that was probably no better than an open account.

Mrs. McGlade drove the car into an automobile driven by Selso Tolano, who died as a consequence. The appellant, Eva Tolano, is the surviving wife of Selso. Other appellants were injured.

Civil judgments against Mrs. McGlade for sizable sums were obtained for the widow and the passengers who survived. Obviously Mrs. McGlade is about judgment proof.

So, the plaintiffs (appellants here) sought to recover against National Union, basing their claims on a “garage policy” written for Young Buick. (The case was removed from state to federal court.) Eventually a directed verdict was entered in favor of defendant.

We think that the fact that Mrs. McGlade had fully discharged her debt to Young Buick at the time of the accident and that it therefore had no possible…