Malmgren

Plaintiff recovered a judgment against one J. A. Eddy for damages sustained by him in consequence of personal injuries to plaintiff’s wife caused by the negligent operation of an automobile by said J. A. Eddy. Plaintiff subsequently brought this action against the defendant insurance company which had issued a policy of insurance to said- J. A. Eddy. The parties entered into a stipulation concerning the facts and a further stipulation that either party might move “for judgment upon the pleadings and the facts stipulated”. The cause was tried upon the motions and judgment was entered in favor of defendant. From this judgment plaintiff appeals.

Before discussing the facts appearing from the pleadings and stipulation, we shall first consider the theory upon which plaintiff based his alleged right to recover from the defendant company. The policy upon which this action was brought contained the following provisions: “The insolvency or bankruptcy of the assured shall not release the company from any payment for which it would otherwise be liable under this policy, and if such insolvency or bankruptcy shall occur and an execution on a judgment recovered in a suit against the assured…