Nunnally v. International Fidelity Insurance

On January 11, 1970, plaintiff suffered injuries when his automobile was struck by a truck driven by John Smith. On December 22, 1971, plaintiff commenced suit against the third-party defendants under the dramshop act, MCL *293436.22; MSA 18.993. The defendant herein, the surety upon the third-party defendants’ liquor bond, was not a party to that action.

On April 2, 1975, a consent judgment was entered against the third-party defendants. On June 14, 1976, plaintiff instituted the present action against the defendant in reliance on the consent judgment and the defendants’ surety bond, which…