Commercial Credit Corp. v. United States Fire Insurance Co.

WARREN, Justice.

Summary judgment was granted awarding appellees Oak Forest Bank and North-shore Bank funds in the registry of the court which had been interplead by United States Fire Insurance Co. (U.S. Fire) and Home Indemnity Insurance Co. (Home Indemnity).

The question for our determination is whether the garnishment of the proceeds of a judgment, which is not final because of a pending appeal, is sufficient to establish a priority in favor of the garnishing creditor. We hold that it is not.

Frank and Wanda Skatell suffered business reversals, and as a result many judgments were taken…