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SOMMER v. SCHUETT

No. 58461.

21 Ill. App.3d 523 (1974)

315 N.E.2d 562

MARTHA SUE SOMMER, a Minor, by DOROTHY SOMMER, her Mother and Next Friend, Plaintiff-Appellee, v. EUGENE G. SCHUETT, Defendant-Appellee — (CONSTITUTIONAL PREFERRED MUTUAL INSURANCE COMPANY, Garnishee-Appellant.)

Appellate Court of Illinois — First District (5th Division).

July 12, 1974.

Attorney(s) appearing for the Case

Dalton P. Grief, of Chicago (Ellis B. Rosenzweig, of counsel), for appellant.

Herbert F. Stride, Ltd., of Chicago, for plaintiff-appellee.

Judgment affirmed.

Mr. JUSTICE DRUCKER delivered the opinion of the court:

This is a garnishment proceeding brought by plaintiff against garnishee, the insurance carrier of Eugene Schuett. A default judgment in favor of plaintiff and against Schuett had been entered in the amount of $7500. Garnishee denied liability on the ground that Schuett never notified it that there was a pending action as was required by the insurance policy. The trial court, sitting...

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