KOCKOS BROS., LTD. v. CANADIAN FIRE INS. CO.

Docket No. 19745.

195 Cal.App.2d 468 (1961)

16 Cal. Rptr. 93

KOCKOS BROS., LTD. (a Corporation), Appellant, v. THE CANADIAN FIRE INSURANCE COMPANY (a Corporation), Respondent.

Court of Appeals of California, First District, Division Two.

September 11, 1961.


Attorney(s) appearing for the Case

Graham, James & Rolph, Chalmers G. Graham, Francis L. Tetreault and La Forest E. Phillips, Jr., for Appellant.

Edward A. Friend for Respondent.


DRAPER, Acting P.J.

Does a bankruptcy proceeding, in which no attempt was made to set aside a prior attachment of proceeds of an insurance policy, of itself serve to release the insurer garnishee of liability to the judgment creditor for funds attached? The trial court answered yes by granting defendant's motion for summary judgment. Plaintiff appeals.

Defendant issued a fire insurance policy in the sum of $15,000 upon property of Future Manufacturing Cooperative...

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