Gardner v. Lincoln Mutual Casualty Co.

After plaintiff recovered a judgment against the principal defendant for injuries resulting from an automobile accident, he sued out a writ of garnishment against the garnishee insurance company, the appellant herein, who had insured the principal defendant. The garnishee defendant denied liability because of the clause in the policy stating:

‘ ‘ The company shall not be liable while any automobile herein covered is used, operated, manipulated or maintained * * * (c) while being used for the transportation of passengers for a consideration, actual or implied.”

Testimony taken in the principal…