National Surety Corporation v. Gillette

The opinion of the court was delivered by

Schroeder, J.:

The question presented by this appeal is whether a creditor can reach the cash surrender value of a debtor’s ordinary life insurance policy by garnishment proceedings in aid of execution.

On the 17th day of February, 1960, judgment was taken by the National Surety Corporation (appellant) against Vern Gillette, d/b/a Parsons Roofing Company (appellee) for the sum of $11,-433.03 and costs.

On the 3rd day of October, 1963, an order of garnishment in aid of execution was served upon the Equitable Life Assurance Society of the United States.

On…