Strayhorn v. . Webb
Supreme Court of North Carolina
This was a GARNISHMENT, tried before his Honol’ Judge Dice, at the Spring Term, 1855, of Orange Superior Court. An attachment had been taken out against one Cheek, and the defendant was summoned as garnishee, who stated on oath, before the magistrate before whom the proceeding was returned, that “ Cheek was indebted to Long & "Webb, and to Long, Webb & Co., upwards of $200; and had frequently promised to pay them; and that, shortly before he made this affidavit, Cheek had…
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This was a GARNISHMENT, tried before his Honol’ Judge Dice, at the Spring Term, 1855, of Orange Superior Court. An attachment had been taken out against one Cheek, and the defendant was summoned as garnishee, who stated on oath, before the magistrate before whom the proceeding was returned, that “ Cheek was indebted to Long & "Webb, and to Long, Webb & Co., upwards of $200; and had frequently promised to pay them; and that, shortly before he made this affidavit, Cheek had told Webb, who was a member of both of these firms, and principally attended to the business of both, that he had sold to…
1Opinion of the CourtPeaksoN, J.
His Honor did not consider it material to be determined, whether McCauley, received the $190 as the agent of Cheek or not. According to the view we take of the case, this was a very material matter, and- was, in fact, the point upon which the liability of Webb, as garnishee, depended. If McCauley received the $190 as the agent of Cheek, then the debt of Putzell to Cheek was extinguished, and the $190 was the property of Cheek, which Webb was liable to be called upon to account for, at the instance of the plaintiff, who was a creditor of Cheek. If McCauley did not receive the $190 as the agent…
2Cited by1 opinion
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