Kent v. County Fire Insurance

CRAIL, P. J. This is a petition by the defendant for the stay of execution on the judgment until the final termination of the appeal.

On April 23, 1937, plaintiff filed this action against the defendant in the Superior Court of Los Angeles County, number 414921. The action was upon a policy of fire insurance issued by the defendant, as insurer, to Harry Knight and Cecelia Ayulard to recover for a fire loss occurring October 18, 1936, the plaintiff alleging that he was the [677]assignee of the choses in action of said named assureds. The defendant appeared and answered and defended to judgment, by the same counsel as appears herein. Judgment was entered on September 22, 1937, in favor of the plaintiff against the defendant for the sum of $2,200 with interest and costs. Motion for new trial was denied on October 27, 1937. Prior to the entry of said judgment there were served on the defendant or its authorized agents the following: (a) Two orders signed by Harry Knight to pay certain sums to certain third persons of and from moneys which became or were to become due to Harry Knight under the policy in suit; (b) certain writs of attachment out of various actions by third persons claiming to be creditors of Harry Knight, against Harry Knight, which were then and are now pending, commanding the attaching officer to attach and safely keep all property of Harry Knight to satisfy certain demands, and giving notice that all moneys and debts due or owing and any personal property in their possession or under their control belonging to said Harry Knight were attached by virtue of said writs; (e) a writ of execution in which the officer was commanded to take out of the property of Harry Knight certain sums of money, and giving notice to the defendant that all moneys due or owing Harry Knight were attached by virtue of said writ. The total amount of moneys so ordered to be paid and attached and levied upon is in excess of $1500.

Upon denial of the motion for new trial there was filed by the defendant herein an action in interpleader in the Superior Court of Los Angeles County, number 421941, in which action plaintiff herein and Harry Knight and all of the payees of orders and attaching and levying creditors heretofore mentioned were made defendants, as was also the county clerk and county sheriff, for the reason that the defendant herein was unable to ascertain the identity or whereabouts of M. Kent. Said action in interpleader was filed by the defendant pursuant to its belief that same was a proper remedy to protect itself against the plaintiff’s judgment herein and against the adverse claims of the defendants named in said interpleader action. The defendant herein disclaiming all interest in said moneys, tendered and offered to pay the full amount of the judgment, together with interest and costs, asking that all defendants therein be required to inter-