Molloy v. Prudential Insurance Co. of America

The plaintiff brought an action against George E. Schaff and the writ was served upon the defendant as garnishee. Judgment was rendered for the plaintiff and he has brought this scire facias to compel the defendant to pay to him the amount of a certain claimed indebtedness on its part to Schaff. From the judgment for the defendant the plaintiff has appealed. The question presented is whether the defendant was indebted to Schaff at the time the process was served on it within our garnishment statute.

The defendant had issued to Schaff two policies of insurance upon his life, payable to his…