Montgomery v. Hart

The suit was upon a note with writ of garnishment in aid thereof, to the United States Eire Insurance Company.

There was answer of said garnishee of the indebtedness or liability only for the amount of the policy insuring the building of one of the defendants that had been destroyed by fire, suggesting a mortgagee as claimant of that sum by virtue of contract. That mortgagee, after notice, duly propounds his claim to the insurance moneys due under the policy.

There were many grounds of demurrer challenging the claim and the amended claim of said mortgagee. The important grounds were: That it is…