Callaway v. Globe & Rutgers Fire Insurance

1. Where suit is brought against a defendant who is the insured under a fire-insurance policy, and, after loss has occurred, the plaintiff serves summons of garnishment upon the insurer, seeking to subject to garnishment whatever indebtedness is due under the policy from the insurer to the insured, the plaintiff may, since the policy furnishes the standard by which the amount of the liability may be ascertained and fixed, recover against the garnishee upon proof of the defendant’s claim against the garnishee and the defendant’s debt to the plaintiff. 59 L. R. A. 366, note; 12 R. C. L. 804.

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