Standard Acc. Ins. Co. Of Detroit, Mich. v. Winget Winget v. Standard Acc. Ins. Co. Of Detroit, Mich

On January 26, 1949, near Oxnard, Ven-tura County, California, an automobile driven by Billy Ray Towry was involved in an accident. Two persons riding in the automobile, Vivian Winget and Thomas B. Mack, sued Towry in separate actions. In what follows, we shall refer to the parties by their last names.

The two cases were consolidated for trial. On March 31, 1950, judgment was entered in favor of Winget in the sum of $32,000.00 with interest at the rate of 7 per cent from the 30th day of March, 1950, and in favor of Mack in the sum of $15,000. 00 with interest at the same rate from the same date. Both plaintiffs recovered costs.

On September 23, 1950, the present action was instituted by Winget in the same state court. The defendants were Standard Accident Insurance Company,— to be referred to as Standard, — and Mack. The Complaint alleged that neither judgment had been paid and that Towry, at the time of the accident, carried a policy with Standard which obligated it to pay the sum of $20,000.00 towards the satisfaction of the judgment. Stating that Standard refused to pay, the complaint asked that Standard deposit the principal sum of $20, 000.00 in court, together with…