National Farmers Union Prop. & Cas. Co. v. Connally, Civ. No. 6979.
| Decision Date | 02 July 1956 |
| Docket Number | Civ. No. 6979. |
| Citation | 142 F. Supp. 650 |
| Court | U.S. District Court — Western District of Oklahoma |
| Parties | NATIONAL FARMERS UNION PROPERTY & CASUALTY COMPANY, Plaintiff, v. Burton J. CONNALLY and Charles Connally, Defendant. |
Butler, Rinehart & Morrison, Oklahoma City, Okl., for plaintiff.
Wise & Ivester, Sayre, Okl., for defendant.
This action was instituted in this court on February 17, 1956 by the plaintiff, National Farmers Union Property and Casualty Company, a foreign corporation, against Burton J. Connally and Charles Connally, defendants.
The suit is for declaratory judgment requesting this court to find that no contractual relationship existed either immediately prior to the 10th day of January, 1956, or on the 10th day of January, 1956, or at any time subsequent thereto, between the plaintiff and the defendants or either of the defendants.
It is admitted that the plaintiff is a foreign corporation. The plaintiff claims that the amount in controversy exceeds the sum of three thousand dollars and that therefore this court has jurisdiction. The defendants specifically deny that the amount in controversy exceeds three thousand dollars and challenge the jurisdiction of this court.
It is agreed that in December, 1949, a policy of insurance was issued by the plaintiff company to the defendant Burton J. Connally for a 1948 Chevrolet car owned by the defendant Burton J. Connally. It is further admitted that the policy was renewed from time to time thereafter including the year 1956.
The policy among other things covers liability for accidental injuries to third persons not to exceed ten thousand dollars for each person and not to exceed the sum of twenty thousand dollars for each accident.
It is also admitted that on or about the 10th day of January, 1956, the defendant Charles Connally while driving the Chevrolet car, was involved in an accident in or near Tulsa, Oklahoma, with a car owned and operated by one Susie Blazer. Both of the defendants herein and Susie Blazer are residents of the State of Oklahoma.
It is further admitted that no action had been instituted in court by Susie Blazer against the defendants either at the time plaintiff filed this suit or subsequently up to the time this case was tried by this court. There is nothing in the record to show that Susie Blazer had or has made any claim or demand against either of the defendants for damages resulting from such accident. The record is also silent as to any demand having been made by either of the defendants to the plaintiff insurance company requesting it to defend any action that might be brought by Susie Blazer against them or either of them.
The court did permit the plaintiff company to put in evidence a letter written by the law firm of Green & Feldman of Tulsa, Oklahoma, representing the said Susie Blazer, to the attorneys Butler, Rinehart & Morrison, who represent the plaintiff company in this case. The letter purports to answer a request which had theretofore been made by the attorneys for plaintiff company...
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State Farm Mutual Automobile Ins. Co. v. West
...2 Incorrectly spelled Lessie in the complaint. 3 These facts readily distinguish this case from National Farmers Union Property & Casualty Co., D.C.W.D.Okl.1956, 142 F.Supp. 650. 4 West claimed that he "could not read too well"; that he had not finished the seventh grade. On the stand he re......
- Bullock v. SEARS, ROEBUCK AND CO., Civ. No. 5232.