Weimar

This is an appeal from a judgment entered upon a verdict in favor of plaintiff, Weimar, against the defendant insurance company in an action to enforce liability under a policy of liability indemnity insurance.

The complaint alleged the execution and delivery by the company to one Axton Jones of a policy insuring Jones against liability up to $5,000 incurred by him by reason of the operation of an automobile specified in the policy; that, pursuant to the statutory requirement of the state of California, the policy undertook to reimburse, to the extent of the policy limits, any person suffering damage by reason of Jones’ operation of the specified automobile for the amount of any unsatisfied judgment such person might secure against Jones.

The complaint proceeds to set out that plaintiff, while riding in assured Jones’ automobile some distance south of Alameda, Cal., was injured by the willful misconduct of assured in operating the automobile; that plaintiff brought action for such injuries in the superior court of the state of California and recovered judgment against assured in the amount of $8,000; that writ of execution on the judgment was returned unsatisfied, thereby…