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IMPERIAL INVESTMENT CO. v. ROUSE, AND CANAL INSURANCE

231 Or. 7 (1962)

371 P.2d 962

IMPERIAL INVESTMENT CO v. ROUSE, AND CANAL INSURANCE COMPANY

Supreme Court of Oregon.

Reversed May 23, 1962.

Attorney(s) appearing for the Case

W.J. Masters, Portland, argued the cause for appellant. On the brief were Masters & Masters, Portland.

Roland F. Banks, Jr., Portland, argued the cause for respondent. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY and GOODWIN, Justices.

REVERSED WITH INSTRUCTIONS.

GOODWIN, J.

This is an appeal by a judgment creditor from a proceeding against the Canal Insurance Company as garnishee. The judgment creditor recovered roughly 25 per cent of its claim, and assigns error to the failure of the court to allow the claim in its entirety.

Imperial Investment Company loaned money to one Rouse to enable Rouse to buy insurance for his trucks. Rouse gave Imperial his note. Imperial delivered the...

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