Legal Opinion

Burch v. Barendsen

Michigan Supreme Court

Decided July 21, 1916No. Docket No. 40PublishedCited by 1 opinion

Error to Kent; Perkins, J. Garnishment proceedings in justice’s court by John K. Burch against Benjamin F. Barendsen. Amanda Barendsen intervened as third party claimant. Judgment for intervening claimant on a verdict directed by the court. Plaintiff brings error.

1Opinion of the CourtBrooke, J.

On October 21, 1913, plaintiff recovered a judgment against defendant, Benjamin F. Barendsen, in the sum of $192.20. On October 31, 1913, garnishment proceedings were instituted against the People’s Savings Bank. On November 3, 1913, the bank disclosed that it was indebted to “B. F. Barendsen, Agent,” in the, sum of $31.60, and on November 11, 1913, made the further disclosure to the effect that Mrs. B. F. Barendsen claimed the fund.

The sole question involved in this case, which has now occupied the attention of three courts, is whether this fund of $31.60, in the hands of the garnishee…

2Cases cited10 opinions

  1. Metcalf v. WilliamsSupreme Court of the United States · 1881
  2. Dibble v. Northern Assurance Co.Michigan Supreme Court · 1888
  3. Wierengo v. American Fire InsuranceMichigan Supreme Court · 1894
  4. Keidan v. WinegarMichigan Supreme Court · 1893
  5. Detroit Savings Bank v. HainesMichigan Supreme Court · 1901

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3Cited by1 opinion

  1. Muskegon Lumber & Fuel Co. v. JohnsonMichigan Supreme Court · 1954

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