Marderosian

This appeal is from a judgment in the sum of $1,250 found to be due to plaintiff on a policy of insurance issued by defendant to Parsiag Marderosian, who died as the result of an accident, and of whose estate plaintiff is administratrix.

The action was submitted to the trial court upon an agreed statement of facts, and is based upon a contract for accident insurance entered into between P. Marderosian in his lifetime and the defendant. Appellant contends that the judgment in favor of plaintiff is contrary to the stipulated facts and contrary to the law applicable to such facts.

The stipulated facts summarized as briefly as they may be to an understanding of the issues presented are, that in the month of December, 1925, the defendant and the Fresno “Bee,” a newspaper published and circulated in the county of Fresno, entered into a written contract containing the following provisions: “Said party of the second part (Casualty Company) agrees to issue to said newspaper ‘Travel Only’ policies to all those certain readers or subscribers of the newspaper published by said party of the first part (Fresno Bee) whose names and addresses are listed upon blank schedules furnished by said…