Scapes v. Orr

Mr. Presiding Justice Schwartz

delivered the opinion of the court.

Plaintiff brought a garnishment proceeding against the Allstate Insurance Company in order to recover on a judgment he had secured against the insured defendant for $3,500. The garnishee-defendant contends that the insurance policy had been cancelled as of October 18, 1951, for nonpayment of premium and was not in force on November 1, 1951, the date of the accident. The case came to trial on this issue and the trial court rendered a judgment in favor of the garnishee-defendant.

Defendant had a policy expiring September 16,1951.…