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Abstract

Stanfield recovered judgment against W. C. McBride, Inc. for personal injuries suffered in an automobile accident which was occasioned by the negligence of Strunk, employee of the McBride company, who at the time of the accident was driving (with the owner's consent) an automobile owned by the Miller-Morgan Auto Company. The McBride company in turn recovered a judgment against its employee, Strunk, and now as garnishor seeks to reach an insurance policy issued to the Miller-Morgan company which at the time of its issuance contained an omnibus clause insuring all persons driving the insured car with the consent of the Miller-Morgan company. However, prior to the accident a rider had been attached to the policy cancelling the omnibus clause but leaving the policy otherwise intact. The McBride company offered to show that there was no consideration to support the rider in order to recover on the policy as originally issued. Held, that the promisor and promisee may by agreement change the contract so that it no longer protects a third party beneficiary, not identifiable at the time, and that the third party beneficiary cannot raise the question of want of consideration for the deletion of the omnibus clause. Stanfield v. W. C. McBride, Inc., 149 Kan. 567, 88 P. (2d) 1002 (1939).

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