Creaghe v. Iowa Home Mutual Casualty Company

323 F.2d 981 (1963)

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Creaghe v. Iowa Home Mutual Casualty Company

United States Court of Appeals for the Tenth Circuit
323 F.2d 981 (1963)

  • Written by Rose VanHofwegen, JD
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Facts

After a car accident, St. George Creaghe (plaintiff) obtained a judgment against the other driver, Muril Osborn. Creaghe attempted to collect the judgment from Osborn’s insurer, Iowa Home Mutual Casualty Company (defendant), but it claimed Osborn canceled his policy a month before the accident. Osborn did not appear as a witness, but the insurance agent testified that after a premium check bounced, Osborn came into the agent’s office and told him to immediately cancel the policy. The court directed a verdict for the insurer, and Creaghe appealed, arguing that the agent’s testimony was inadmissible hearsay.

Rule of Law

Issue

Holding and Reasoning (Seth, J.)

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