H. T. Simon, Gregory & Co. v. Norton
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The garnishment was served upon R. H. Norton in this case on the twenty-third day of September, A. D. 1889, and it appears from the evidence that all the services rendered by R. H. Norton, garnishee, for said Holcomb, and for which he claims said Holcomb was indebted to him, were rendered prior to said twenty-third day of September, A. D. 1889. The evidence also shows that, after paying the deficiency…
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Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The garnishment was served upon R. H. Norton in this case on the twenty-third day of September, A. D. 1889, and it appears from the evidence that all the services rendered by R. H. Norton, garnishee, for said Holcomb, and for which he claims said Holcomb was indebted to him, were rendered prior to said twenty-third day of September, A. D. 1889. The evidence also shows that, after paying the deficiency on the secured indebtejpess of ‡315,20; said Holcomb owed this garnishee more money than he had collected on the accounts…
1Opinion of the CourtGill, J.
This suit originated in the circuit court of Lincoln county, where the issues between the plaintiffs and garnishee were tried and decided in favor of the latter. Plaintiffs appealed to the St. Louis court of appeals, where the cause was reversed and remanded. 56 Mo. App. 338. The purpose of the garnishment proceeding was to reach certain funds held by Norton, the garnishee, and which had been placed in his hands by Holcomb, the execution debtor, to protect certain secured creditors of Holcomb from attacks that might be made by his unsecured creditors. Holcomb was a merchant and indebted to…
2Cases cited2 opinions
- Firebaugh v. StoneSupreme Court of Missouri · 1865
- Simon v. NortonMissouri Court of Appeals · 1894