Lahti

Action to recover indemnity under a policy of automobile liability insurance.

The policy which was issued by defendant company in the sum of $5,000 covered a Chevrolet sedanette automobile of which one Margaret McMenamin was the owner and the assured named in the policy. Thereafter, and when the policy was in full force and effect, William McMenamin, her husband, while driving the automobile with the knowledge and consent of his wife, struck and injured the plaintiff, who brought suit against William McMenamin and recovered judgment in a sum in excess of $16,000. Margaret Mc-Menamin was not made a party to the action and no judg ment has been recovered against her. Thereafter the present action was instituted against the insurance company, as authorized by statute (Stats. 1919, chap. 367, p. 776), to recover on its policy in the sum of $5,000, together with interest on the judgment against William McMenamin.

Under the authority of the statute referred to and based upon the judgment recovered against William McMenamin, the court below rendered judgment for plaintiff on the theory that William McMenamin was included in the provisions of the policy and that defendant was therefore…