Central Bank & Trust Co. v. Alabama Broom & Mattress Co.
Supreme Court of Alabama
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
- Southworth v. SheaSupreme Court of Alabama · 1901
- Clark v. FewSupreme Court of Alabama · 1878
- Mobile Light & Railroad v. RobertsSupreme Court of Alabama · 1915
- Scott, Slough & Co. v. StallsworthSupreme Court of Alabama · 1847
- Winslow v. BrackenSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McKinnon v. PolkSupreme Court of Alabama · 1929
- McClinton v. McClintonSupreme Court of Alabama · 1952
- Ivey v. StateTennessee Supreme Court · 1962
- Clark v. FarmerSupreme Court of Alabama · 1935
- Montgomery v. HartSupreme Court of Alabama · 1932
1 more not listed; retrieve them via the Exa API.