Zeltman v. Commercial Bank
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. The ownership of pledged personal property or choses in action remains in the pledgor, the pledgee having but a special property therein. Richardson v. Ashly, 33 S. W. Rep. (Mo.) 806; 4 Kent, Com., star p. 135; 18 Am. Encyclopedia Law, p. 590; Story, Bail., see. 287. A pledgee in possession of choses in action or personal property belonging to the debtor is subject to garnishment.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. The ownership of pledged personal property or choses in action remains in the pledgor, the pledgee having but a special property therein. Richardson v. Ashly, 33 S. W. Rep. (Mo.) 806; 4 Kent, Com., star p. 135; 18 Am. Encyclopedia Law, p. 590; Story, Bail., see. 287. A pledgee in possession of choses in action or personal property belonging to the debtor is subject to garnishment. Weil v. Posten, 77 Mo. 284; Aetna Ins. Go. v. Bank of Wilcox, 67 N. W. Rep. (Neb.) 449; Security Loan Ass’n v. Weems, 69 Ala. 584;…
1Opinion of the CourtRombauer, P. J.
The plaintiff appeals from a judgment discharging the garnishee upon final hearing. There is no controversy touching the facts on which the garnishee’s liability depends, the only complaint made by the plaintiff is that upon the facts thus shown the garnishee should have been held.
The plaintiff is a judgment creditor of Simon, Ellman & Company. He served the defendant bank *674with, process of garnishment in 1893, whereupon, on the nineteenth day of October, 1893, the bank made answer to the interrogatories propounded to it. The parts of the answer which bear upon the points now in controversy…
2Cases cited9 opinions
- Weil v. PostenSupreme Court of Missouri · 1883
- Barnett v. TimberlakeSupreme Court of Missouri · 1874
- Weil v. TylerSupreme Court of Missouri · 1866
- Scales v. Southern Hotel Co.Supreme Court of Missouri · 1866
- Boeger v. LangenbergMissouri Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Beaufort Transfer Co. v. Fischer Trucking Co.District Court, E.D. Missouri · 1973
- Ferguson v. Venice Transportation Co.Missouri Court of Appeals · 1899
- Olean Milling Co. v. TylerMissouri Court of Appeals · 1921