Kitchen v. McCullough

SPERRY, Commissioner.

Plaintiff, Kitchen, sued defendant McCullough for damages as a result of an automobile collision between plaintiff’s vehicle and one operated by defendant. Suit was filed and service had on February 28, 1966. Trial began on October 3, and plaintiff had a verdict and judgment in the sum of $4,000.00 on October 4. On July 12, 1967, plaintiff instituted this action in garnishment against General Mutual Ins. Co., defendant’s insurer, in an effort to collect his judgment. Garnishee defended the action on the grounds that insured failed to cooperate with it in defending the…