Opinion
Docket No. 64, Calendar No. 47,891.
Decided February 19, 1959.
Appeal from Muskegon; Beers (Henry L.), J. Submitted January 14, 1959. (Docket No. 64, Calendar No. 47,891.) Decided February 19, 1959.
Petition by Stanley Kazmarski and Marcus, McCroskey Finucan against Great American Indemnity Co., a foreign corporation, and Preston J. Murdock and James N. Charland, doing business as Port City Heating Plumbing Co., for declaration of rights as to sum received in settlement of claim by injured workman in action against third-party tort-feasor. Judgment for plaintiffs. Defendants appeal. Affirmed.
Marcus, McCroskey, Finucan Libner ( Thomas W. Finucan, of counsel), for plaintiffs.
Alexander, Cholette, Buchanan, Perkins Conklin ( Edwards D. Wells, of counsel), for defendants.
This case is controlled by Potter v. Vetor, 355 Mich. 328.
The judgment of the trial court is affirmed. Costs to appellee.
DETHMERS, C.J., and CARR, KELLY, SMITH, BLACK, EDWARDS, VOELKER, and KAVANAGH, JJ., concurred.