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JOHNSON v. SAMUELS

Gen. No. 48,909.

40 Ill. App.2d 417 (1963)

189 N.E.2d 780

Walter Johnson and Robert Payton, Plaintiffs-Appellees, v. Marie Samuels, Defendant-Appellee, v. Banner Mutual Insurance Company, Garnishee-Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

April 8, 1963.

Attorney(s) appearing for the Case

Brody and Gore, and Robert B. Johnstone, of Chicago, for appellant.

David S. Minor, of Chicago, for appellees.

MR. JUSTICE MURPHY delivered the opinion of the court.

Garnishee-defendant, Banner Mutual Insurance Company, appeals from a $4,500 judgment entered against it as garnishee. The garnishment proceedings, founded on a default judgment, were brought under an automobile liability policy issued by Banner to defendant Marie Samuels. Banner denies liability under its policy, contending that its insured, defendant Marie Samuels, breached the "notice of claim or suit" provision...

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