Legal Opinion

Fowler v. Pittsburgh, Fort Wayne, & Chicago Railroad

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 2 opinions

Error to the District Court of Allegheny county. This was an attachment execution at the suit of S. S. Fowler & Co. against The Pittsburgh, Fort Wayne, and Chicago Railroad Company, served on John Stewart, as garnishee.

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Error to the District Court of Allegheny county. This was an attachment execution at the suit of S. S. Fowler & Co. against The Pittsburgh, Fort Wayne, and Chicago Railroad Company, served on John Stewart, as garnishee. The parties agreed upon the following case stated, in the nature of a special verdict-:— “ The attachment in the above case was served on J. Stewart, the garnishee, on the 5th April 1859. At that time, said Stewart was ticket agent of the defendant, in the original judgment (the Pittsburgh, Fort Wayne, and Chicago Railroad Company), and as such, had in his possession about…

1Per curiam

The purpose of an attachment execution is to reach the effects of a defendant in the hands of third persons. Here, the defendant is a corporation; a railroad company. Are its ticket agents to be treated as third persons, so far as regards *23money received by them on the salé of tickets to passengers ? We think not. We suppose that the ease speaks of the ordinary ticket agents employed at the offices of the company; and of these we speak. These are the very hands of the company; it cannot do its business without them; and if an attachment execution is to be regarded.ás arresting money received…

2Cited by2 opinions

  1. Henkle & Co. v. Bi-Metallic BankColorado Court of Appeals · 1899
  2. Henkle & Co. v. Bi-Metallic BankColorado Court of Appeals · 1899

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