Gardiner v. Bauch

This motion by a judgment creditor for relief pursuant to section 793 of the Civil Practice Act must be denied. The Court of Appeals determined the nature of the money which the judgment debtor is receiving, when this case was before it in January, 1934, on an application to vacate a garnishee execution. Hubbs, J., writing for the court said: “ The obligation of the insurance company constitutes a debt from the company to appellant, the beneficiary, under the policy. Although the word trust is used, the agreement is not in fact a trust agreement. The monthly payments which the company…