Phelps v. Schmuck

The opinion of the court was delivered by

Thiele, J.:

The question presented by this appeal is the liability of an insurance company under proceedings in garnishment, and arises out of the following undisputed facts.

In November, 1933, the Highland Park Cemetery Association of Pittsburg, Kan., owned a Ford truck which was insured by the New York Casualty Company, hereafter usually called the garnishee, under a policy which provided, among other things, for additional coverage of any person operating the truck with the permission of the assured. It is not necessary here that we detail that…