Torres

In her amended complaint in the court below appellee alleged that she was injured on February 19, 1934, through the negligent operation of an automobile by Irma C. Brinkman; that on May 6, 1935, after a trial on the merits in the superior court of Alameda county, Cal., the appellee recovered a judgment in the principal sum of $5,000, together with taxed costs of $17, against Irma C. Brinkman and her husband, E. M. Brinkman; that the judgment remained wholly unsatisfied and unpaid; that the appellant herein was obligated to pay the amount of the judgment under a policy of automobile insurance that it had issued and delivered on March 31, 1933, to Libby, McNeill & Libby, “and/or for account of whom it may concern”; that under the terms of that policy the appellant was liable to the appellee in the sum of $5,017, together with interest and costs incurred in the court below. Brink-man was in the sales department of Libby, McNeill & Libby.

The appellant’s answer admitted the issuance and delivery of the policy, but denied liability thereunder. It denied the allegations of the complaint regarding negligence, injuries, damages, and the merits of the trial in the state court. Special…