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HIGHWAY CASUALTY COMPANY v. JOHNSTON

104 So.2d 734 (1958)

HIGHWAY CASUALTY COMPANY, an Illinois Corporation, Appellant, v. Miss Myrtle JOHNSTON and H.H. Deane, Appellees.

Supreme Court of Florida.

Rehearing Denied September 15, 1958.

Attorney(s) appearing for the Case

Truett & Watkins, Miami, and Roland W. Granat, Miami Beach, for appellant.

Nichols, Gaither, Green, Frates & Beckham, Sam Daniels and J.B. Spence, Miami, for appellees.

HOBSON, Justice.

Miss Myrtle Johnston, one of the appellees herein, secured a judgment for personal injury in the sum of $40,000 against H.H. Deane. An appeal was taken by Deane without supersedeas. Appellant herein, Highway Casualty Co., is Deane's liability insurer. It refused to pay that portion of the judgment for which it was liable under its contract with Deane and either failed or refused to supersede the $40,000 judgment. The present garnishment proceedings...

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