Antichi

These eases were consolidated for trial and have been consolidated for hearing on appeal.

All three of the suits were upon a policy of insurance issued to Gene Antichi and A. E'. Mallett, partners doing business under the name of Sacramento-Coming Freight Line and against the New York Indemnity Company.

One suit was brought by the said Antichi and Mallett for $1,000 attorney fees expended in defending actions brought by W. J. McIntyre and Laura McIntyre against them. The suit of Laura McIntyre is to recover the sum of $7,733.30 and $29.50 costs based upon a judgment in her favor in an action for damages for personal injuries against said Antichi and Mallett. The suit of W. J. McIntyre is for consequential damages resulting from the injuries to his wife Laura McIntyre based upon a judgment for $2,500 against the said Antichi and Mallett. Plaintiffs had judgments in all of these cases and from these judgments defendant appeals.

■The policy of insurance upon which the actions are founded was issued on June 20, 1928. The accident which gave rise to these actions occurred on February 13, 1929. The said policy contained the following provision:

Emmet Harden, using one of the trucks…