Hill

Defendant appeals from a' judgment entered in favor of plaintiff and an order of court denying its motion for a new trial.

The action was one to recover from defendant upon a policy of employers’ liability insurance.

Plaintiff and one Anthon Swensen were partners engaged in the construction of what was known as the Third Street tunnel in the city of Los Angeles. , While so engaged, defendant issued to the copartnership a policy of employers’ liability insurance, whereby it agreed to indemnify the co-partnership against liability for damages sustained by its employees on account of injury received by such employees while engaged in the prosecution of the work, the same to be paid when claim for damages so received was reduced to judgment and the judgment satisfied. On January 21, 1900, while the policy was in full force and effect, one Powley, an employee of the copartnership, was killed. His heirs instituted suit for damages, obtaining judgment in the trial court, which, on appeal, was affirmed and thereafter satisfied by this plaintiff.

On ¡March 1, 1901, prior to the rendition of the judgment in favor of the Powley heirs, Hill and Swenson dissolved partnership, adjusting all…