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JOYCE v. EMPEY

Docket No. 5,343.

16 Mich. App. 604 (1969)

168 N.W.2d 466

JOYCE v. EMPEY

Michigan Court of Appeals.

Decided March 26, 1969.

Attorney(s) appearing for the Case

Alexander, Buchanan & Conklin, for plaintiffs.

Johnson, Campbell & Moesta, for defendant.

BEFORE: FITZGERALD, P.J., and R.B. BURNS and BRONSON, JJ.

PER CURIAM:

Plaintiffs appeal from an order denying a new trial and a judgment non obstante veredicto in a garnishment action against garnishee-defendant insurance company in the sum of $3,751. Garnishee-defendant declined to pay, claiming its assured had breached the cooperation clause of his contract of insurance, through failure to appear for trial of the principal action. On appeal plaintiffs claim that the judgment...

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