Hoban v. Equitable & Central Trust Co.

A judgment in favor of the plaintiff for damages sustained in an automobile accident against the defendant trust company, administrator of the estate of Charles E. Byder, was affirmed by this court. 257 Mich. 188'. After recovery of the judgment in the circuit court, a writ of garnishment was issued and served upon the defendant insurance company, which had issued a policy protecting Byder, “his heirs or executors,” against loss or expense arising out of his ownership or use of his automobile in a sum not exceeding $5,000.

After the remittitur from this court affirming the judgment had been…