Liberty Mutual Insurance v. Congress Michigan Auto Park, Inc.

On November 22, 1954, William D. Kellogg filed a statement of claim asking $2,500 from Congress Michigan Auto Park, Inc., for failure to redeliver a stored Buick automobile. On May 24, 1956, the Liberty Mutual Insurance Company, Inc., hereinafter called plaintiff, as subrogee of the original plaintiff, filed an amended statement of claim alleging that under an insurance policy it had paid the original plaintiff $2,120, and thereby became subrogated to the rights of Kellogg. It asked judgment for $2,120. The answer filed December 28, 1956, denied that Kellogg delivered the automobile; averred…