Brainard v. Rogers

This is an action for goods sold and delivered. It was commenced on September 29, 1921, in a complaint filed against Nick Rogers, defendant. At that time this defendant had sustained a complete loss by fire of his merchandise, furniture and fixtures. The property destroyed was covered by two policies of fire insurance amounting to $5,000. When the complaint was filed a writ of attachment was issued and the proceeds of the fire insurance policies in the hands of the insurers was garnished. Thereafter W. D. Grady intervened in the action and alleged that he was the assignee of the insurance…