Goss

This is an action against an insurance carrier on a policy of automobile liability insurance. The facts leading up to the controversy show that plaintiff herein in a certain action recovered a judgment against certain defendants by reason of the negligent operation of an auto-truck. This judgment was affirmed on appeal. (Goss v. Pacific Motor Co., 85 Cal. App. 455 [ 259 Pac. 455 ].)

Pacific Motor Company was a business consisting of a garage and automobile repair-shop, operated by certain Japanese. It was not in itself a corporation, nor in any other respect a legal entity.

On October 24, 1924, execution issued in the action above referred to and was returned unsatisfied except as to the sum of $597.37, which was paid on the judgment. Defendants being proof against further execution, this action was brought by plaintiff against defendant under the provisions of the act of the legislature approved May 21, 1919, relating to actions against an insurance carrier, when the insured person is insolvent or bankrupt or without property sufficient to satisfy execution on account of loss or damage insured against. The form of the judgment above referred to, which plaintiff recovered, was…