Legal Opinion

Central Bank & Trust Co. v. Alabama Broom & Mattress Co.

Supreme Court of Alabama

Decided June 10, 1920No. 8 Div. 236PublishedCited by 6 opinions

Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. The Alabama Broom & Mattress Company began by attachment an action against the Nashville Broom & Supply Company and served garnishment upon the Huntsville Bank & Trust Company.

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Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. The Alabama Broom & Mattress Company began by attachment an action against the Nashville Broom & Supply Company and served garnishment upon the Huntsville Bank & Trust Company. The Huntsville Bank & Trust Company answered that it had in its'possession certain money, the proceeds of a draft, drawn by the Nashville Broom & Supply Company on the Alabama Broom & Mattress Company, and indorsed by the Central Bank & Trust Company, and that it had been notified that the fund was claimed by the Central Bank & Trust Company. The…

1Opinion of the CourtSomerville, J.

[1,2] One who claims a debt, or money, or effects in the hands of a garnishee, as against the plaintiff in garnish ment, under the provisions of sections 4328 and 4329 of the Code, must allege and prove that he has a valid claim thereto. Clark v. Few, 62 Ala. 243. And when he claims as a transferee of the defendant in garnishment, he must show a transfer before the service of the garnishment. Winslow v. Bracken, 57 Ala. 368; Camp v. Hatter, 11 Ala. 151; Scott v. Stallsworth, 12 Ala. 25.. On the evidence shown by the record, the burden was upon the claimant bank to show that it discounted the…

2Cases cited6 opinions

  1. Southworth v. SheaSupreme Court of Alabama · 1901
  2. Clark v. FewSupreme Court of Alabama · 1878
  3. Mobile Light & Railroad v. RobertsSupreme Court of Alabama · 1915
  4. Scott, Slough & Co. v. StallsworthSupreme Court of Alabama · 1847
  5. Winslow v. BrackenSupreme Court of Alabama · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. McKinnon v. PolkSupreme Court of Alabama · 1929
  2. McClinton v. McClintonSupreme Court of Alabama · 1952
  3. Ivey v. StateTennessee Supreme Court · 1962
  4. Clark v. FarmerSupreme Court of Alabama · 1935
  5. Montgomery v. HartSupreme Court of Alabama · 1932

1 more not listed; retrieve them via the Exa API.

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