Johnson v. Dutch Mill Dairy, Inc.

Christianson, Justice.

This is an appeal from a judgment for plaintiff entered against the garnishee, State Bank of Loretto, hereinafter referred to as the bank.

*118The essential facts are as follows: Defendant Dutch Mill Dairy, Inc., maintained a checking account with the bank. On October 14, 1948, the Gartner Refrigeration Company brought an action against said defendant and served a garnishment summons on the bank garnisheeing defendant’s checking account. The bank disclosed that it owed defendant $2,770.42. Thereafter, the bank permitted defendant to continue to draw checks on its account and…