Market Nat. Bank of Cincinnati, Ohio v. Raspberry
Supreme Court of Oklahoma
Error from District Court, Hughes County; John Caruthers, Judge. Action by J. M. Raspberry against G. Sturm & Sons, in which J. A. Forrester & Son and C. E. Walker were summoned as garnishees, and the Market National Bank of Cincinnati, Ohio, and Elsas & Pritz intervened. Judgment for defendant against the garnishees, and interveners bring error.
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Error from District Court, Hughes County; John Caruthers, Judge. Action by J. M. Raspberry against G. Sturm & Sons, in which J. A. Forrester & Son and C. E. Walker were summoned as garnishees, and the Market National Bank of Cincinnati, Ohio, and Elsas & Pritz intervened. Judgment for defendant against the garnishees, and interveners bring error. This action was commenced by J. 'M. Raspberry, plaintiff below, defendant in error, against G. Sturm & Sons, the original 'defendant, to recover an indebtedness due the plaintiff from the defendant. Writs of garnishment were issued against J. A.…
1Opinion of the Court
Opinion by
AMES, C.
(after stating the facts as above). Two questions are involved in'this case: First, as between two assignees of a chose in action, whether the first assignee, who serves no notice of the assignment, is entitled to priority against the second assignee, who does serve notice of his assignment; second, whether a plaintiff in a garnishment action, by serving process on the garnishees and obtaining an answer from them, is to be treated as a second assignee for value of the chose in action who has given notice of his assignment.
While there is much diversity of opinion in the…
2Cases cited6 opinions
- Citizens' Nat. Bank of Chickasha v. MitchellSupreme Court of Oklahoma · 1909
- Jack v. National BankSupreme Court of Oklahoma · 1906
- Gillette, Libby v. Murphy, Carroll, BroughSupreme Court of Oklahoma · 1898
- Schoolfield, Hanauer & Co. v. HirshMississippi Supreme Court · 1893
- Byars's Garnishees v. GriffinMississippi Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. L. C. ChapmanCourt of Appeals for the Tenth Circuit · 1960
- In Re KaufmanSupreme Court of Oklahoma · 2001
- Smith v. HarrisCalifornia Court of Appeal · 1954
- Sperry v. RennerSupreme Court of Oklahoma · 1944
- McKim v. Highway Iron Products Co.Supreme Court of Arkansas · 1930
11 more not listed; retrieve them via the Exa API.