Hamilton v. Thayers Eating Houses, Inc.

Steinborn, a judgment creditor of Hamilton and Kushin, summoned the defendant corporation as garnishee. The garnishee answered. Steinborn made a motion to strike the answer. The motion was denied, and Steinborn electing to stand by his motion, an order was entered discharging the garnishee; From this order Steinborn prosecutes this appeal. The question for decision is whether the court erred in entering the order discharging the garnishee.

The answer averred that neither at the time of the service of the writ nor thereafter did the garnishee have in its possession, charge or control, any…