Wunderlich v. Merchants National Bank
Supreme Court of Minnesota
In an action in the district court for Ramsey county between Armitage-Herschel Company, as plaintiff, and Jacob Barnet Amusement Company and Jacob Barnet, as defendants, the plaintiff garnisheed the Merchants National Bank.
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In an action in the district court for Ramsey county between Armitage-Herschel Company, as plaintiff, and Jacob Barnet Amusement Company and Jacob Barnet, as defendants, the plaintiff garnisheed the Merchants National Bank. Albert Wunderlich, having been appointed trustee in bankruptcy of the defendants, and having succeeded to all the rights of the plaintiff in the proceedings, was made a party to the litigation and filed his complaint in intervention to enforce the lien created by the garnishment proceedings therein. The garnishee answered and claimed the right to set off against the moneys…
1Opinion of the CourtBrown, J.
In June, 1908, the Armitage-Hersehel Company duly commenced an action against Jacob Bamet and Jacob Barnet Amusement Company to recover the sum of $900. At the commencement of the action garnishment proceedings were instituted against the Merchants National Bank, respondent on this appeal. The garnishee summons was served on June 30, and the date for disclosure set for July 23, 1908. On that day the garnishee appeared and disclosed that on the date the summons was served defendants had on deposit with it, subject to check, the sum of $1,138.99. At the same time, and as a part of the…
2Cases cited9 opinions
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- St. Paul & M. Trust Co. v. LeckSupreme Court of Minnesota · 1894
- Lannan v. WalterMassachusetts Supreme Judicial Court · 1889
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