Barney v. Preferred Automobile Insurance Exchange

This action is in garnishment based upon an automobile insurance policy issued by the garnishee defendant to the principal defendant. Plaintiff was injured on September 21, 1925, by an automobile driven by Harry F. Whitaker, principal defendant. He brought an action against Whitaker to recover damages for his injuries and secured a judgment against him on December 30, 1925, in the sum of $3,500 and costs. The garnishee defendant took no part in the trial of the principal case. The judgment had not been paid on February 24, 1926, when this writ of garnishment was issued and served, in response…