FRANCE v. PIDDINGTON (CO-OPERATIVE INSURANCE SOCIETY, LTD., GARNISHEES).

(1932) 43 Ll L Rep 491

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Lawrence and Lord Justice Greer.

Insurance (motor) - Garnishee order against insurance company-Judgment for damages obtained by plaintiff against assured-Damages not paid- Claim by plaintiff to garnishee debt alleged to be due under policy from company to assured - Denial of liability by company-Scott v. Avery clause - Order nisi granted - Held, following Israelson v. Dawson, 43 Ll.L.Rep. 401, that at the time the order was made there was no debt owing by the company to the assured and that therefore the order must be set aside.