Eddy

This is an appeal from a judgment of the District Court of the United States for the Northern District of California in an action upon a policy of automobile public liability insurance of the National Indemnity Company, issued on May 13, 1931, to Fred R. Carfagni.

Fred R. Carfagni, the assured, was the owner of a Lincoln sedan automobile covered by the policy and while operating said automobile in San Francisco on June 22, 1931, struck and killed Mary Elizabeth Eddy. The appellants, heirs at law of the deceased, Mary Elizabeth Eddy, recovered a judgment against the assured for her death in the sum of $15,900 and costs in the superior court of the city and county of San Francisco. The judgment being wholly unsatisfied, the heirs at law then brought this action against the appellee. The appellee defended on the ground that the insured had breached a warranty in the application for the insurance wherein it was represented ánd warranted that no company had canceled or refused to issue any kind of automobile insurance for the insured during the past three years. A jury was waived.

There were no assignments of error based on the admission or rejection of evidence. The questions…