Opinion
Decided April 2 1935.
BILL IN EQUITY, to compel the defendant companies to assume and satisfy a judgment in favor of the plaintiff, obtained against the defendant Duplissis for damages for personal injuries inflicted upon him by an automobile driven by the said Duplissis. Trial by the court, which found the facts, ruled that there was no valid contract of insurance in force at the time the plaintiff was injured and ordered that the bill be dismissed. "The plaintiff excepted to the dismissal of his bill, and any question of law raised thereby" was transferred by Young, J.
F. Clyde Keefe and George D. Varney (Mr. Varney orally), for the plaintiff.
Hughes Burns (Mr. Burns orally), for the defendants.
The only exception of the plaintiff is to the order dismissing his bill. The facts having been found by the court, this exception raises the question whether the order and the ruling upon which it was based are inconsistent with the findings and nothing more. This question has not been argued and is hardly debatable. The contention of the plaintiff is rather that certain items of evidence compel the conclusion that the agent of the defendant companies had more authority, actual and apparent, than the court found him to possess. This question has not been transferred, and the plaintiff's exception must, therefore, be overruled. An examination of the record indicates, however, that the same result would be reached if the question argued were properly before us for decision.
Exception overruled.