Owyhee, Inc. v. Robbins Marco Polo

CROCKETT, Justice:

Plaintiff, Owyhee, Inc., challenges a ruling of the trial court that it was not entitled to recover on a garnishment against the garnishee defendant, Dwight G. Luman.

Owyhee, Inc., sued and obtained judgment against the defendant, Robbins Travel International, Inc. (hereinafter referred to as Robbins, Inc.). Thereafter it issued a garnishment against Luman, contending that he had money belonging to Robbins, Inc. This was based upon the claim that Robbins, Inc. had repurchased some of its own stock from Luman, and thus impaired its capital, a transaction which is prohibited…