(Download) "Alvae Winterton v. Boydie Clay Van Zandt" by Supreme Court of North Dakota # Book PDF Kindle ePub Free
eBook details
- Title: Alvae Winterton v. Boydie Clay Van Zandt
- Author : Supreme Court of North Dakota
- Release Date : January 13, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Garnishment. On January 23, 1953, plaintiff Alvae Winterton, a resident of the State of Iowa, recovered judgment by default in the Circuit Court of Henry County against Boydie Clay Van Zandt in the sum of $14,250 for personal injuries and property damages sustained in a collision of a motor truck owned and operated by plaintiff and an automobile operated by defendant but owned by one Fred Marsh. Thereafter, plaintiff, acting under a general execution issued on said judgment, initiated this garnishment proceeding against Farmers Insurance Exchange seeking to enforce payment thereof in accordance with an "omnibus clause" contained in a policy of liability insurance issued by Exchange to Marsh covering his liability for bodily injuries and property damages arising out of the ownership, maintenance or use of the aforesaid automobile. Garnishee admitted that said policy was in full force and effect but denied liability to plaintiff under its terms and provisions. Trial of that issue to a jury in Morgan County on change of venue from Henry County resulted in a judgment for plaintiff against garnishee in the sum of $12,500 with 6% interest thereon from January 23, 1953, in the sum of $5,250, total $17,750, from which judgment garnishee has appealed. The amount in dispute vests this court with jurisdiction of that appeal.