Ellison v. Tuttle
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. A. W. Terrell. On the 19th of November, 1855, the appellant, Ellison, instituted suit by attachment against W. D. Larremore, and thereon took out writs of garnishment against the appellee, and other parties.
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Appeal from Caldwell. Tried below before the Hon. A. W. Terrell. On the 19th of November, 1855, the appellant, Ellison, instituted suit by attachment against W. D. Larremore, and thereon took out writs of garnishment against the appellee, and other parties. In October, 1856, the appellant recovered-judgment on the attachment against Larremore for $517 30. On -the 25th of April, 1856, the garnishee, Tuttle, filed his answer denying all indebtedness to Larremore, or possession of effects belonging to Mm; but alleging that Larremore was indebted to Mm in the sum of $855, and had left with him…
1Opinion of the Court
Wheeler; C. J.
The court rightly ruled that the-promissory notes in the hands of the garnishee were not liable to garnishment. (Price v. Brady, 21 Tex. R., 614; 23 Id., 508.) But the answer of the garnishee admitted that he had collected $185 upon one of the notes; but he claims the right to retain the money on his own account, because, he says, the debtor owed him and had given him the notes to collect and apply the proceeds to that indebtedness. This, if true, was a good defence; for the garnishee was entitled to every defence which he could have set up against the debtor.
The plaintiff…
2Cited by13 opinions
- Cruse v. O'GwinCourt of Appeals of Texas · 1907
- Hatley v. West Texas Nat. Bank of Big SpringCourt of Appeals of Texas · 1925
- Farmers' & Merchants' State Bank of Teague v. SetzerCourt of Appeals of Texas · 1916
- South Texas National Bank v. Texas & Louisiana Lumber Co.Court of Appeals of Texas · 1902
- Home Nat. Bank v. Barnes-Piazzek Co.Court of Appeals of Texas · 1925
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