Roth v. Kaptowsky

Mr. Presiding Justice Niemeyer

delivered the opinion of the court.

Plaintiff appeals for the second time from judgments in a garnishment action brought to reach the proceeds of insurance policies issued on the life of one judgment debtor and payable to his co-debtor.

In 1938, plaintiff brought an action against William and Fannie Kaptowsky based on their promissory note for $4,000. Defendants admitted that $1,040 was due on the note, judgment for that amount was entered November 16, 1939, and the cause continued as to the balance of plaintiff’s claim. November 14, 1941, by agreement an…