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NATIONAL SURETY CORPORATION v. GILLETTE

No. 44,001

194 Kan. 604 (1965)

400 P.2d 681

NATIONAL SURETY CORPORATION, Appellant, v. VERN GILLETTE, d/b/a Parsons Roofing Company, Appellee.

Supreme Court of Kansas.

Opinion filed April 10, 1965.

Attorney(s) appearing for the Case

John B. Towner, of Pittsburg, argued the cause, and Paul L. Wilbert, Randall D. Palmer, Carter Botkin and Alois R. Bieber, all of Pittsburg, were with him on the brief for the appellant.

John B. Markham, of Parsons, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

The question presented by this appeal is whether a creditor can reach the cash surrender value of a debtor's ordinary life insurance policy by garnishment proceedings in aid of execution.

On the 17th day of February, 1960, judgment was taken by the National Surety Corporation (appellant) against Vern Gillette, d/b/a Parsons Roofing Company (appellee) for the sum of $11,433.03 and costs.

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