BORIN v. JOHN HANCOCK MUTUAL LIFE INS. CO.

Gen. No. 47,610.

21 Ill. App.2d 139 (1959)

157 N.E.2d 673

Nathan Borin, For Use of Joseph Novy, Appellant, v. John Hancock Mutual Life Insurance Co., Lincoln National Life Insurance Co., Mutual Life Insurance Co. of New York, Garnishee-Appellees. Sol Borin, Intervenor-Appellee.

Appellate Court of Illinois — First District, Second Division.

Released for publication May 5, 1959.


Attorney(s) appearing for the Case

DeWolfe and DeWolfe, of Chicago (John C. DeWolfe and John C. DeWolfe, Jr., of counsel) for plaintiff-appellant.

Simon Herr, of Chicago, for intervenor and certain-appellee.


JUSTICE KILEY delivered the opinion of the court.

This is a garnishment proceeding to recover insurance premiums paid by Nathan Borin to three insurance companies while he was insolvent. His brother Sol, assignee of the policies, intervened. The trial court sustained the Intervenor's complaint and discharged the garnishees. Plaintiff, Novy, has appealed.

On February 10, 1950, Novy confessed judgment against Nathan Borin for the amount of $12,157.50 on the...

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