Jones v. Manufacturer's National Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of PJiiladelphia county: Of July Term 1881, No. 101. This was a scire facias, issued by W. W. Jones against the Manufacturer’s National Bank, garnishees, upon a judgment obtained by the plaintiff against James Payer.
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Error to the Court of Common Pleas No. 2, of PJiiladelphia county: Of July Term 1881, No. 101. This was a scire facias, issued by W. W. Jones against the Manufacturer’s National Bank, garnishees, upon a judgment obtained by the plaintiff against James Payer. The garnishees pleaded “ nulla bona,” and upon the trial were allowed to show the following matters set forth in their answers to interrogatories :— One "William Fayer kept a bank account in the said bank, in the name “ William Fayer, agent.” The bank, in the usual course of business, discounted two notes for him, and placed the proceeds…
1Opinion of the CourtJustice Turnkey
' In foreign attachment the rule is that interest on a debt due by the garnishee to his creditor, as whose property it was attached, is suspended during the pendency of the proceedings: Jackson’s Ex, rs v. Lloyd, 44 Pa. St. 82. This rule does not apply if there has been collusion, unreasonable delay or litigiousness on the part of the garnishee. Where he has not been ready *320and willing to pay the debt in hip hands to the party entitled, he is liable for interest; and, though he may not be bound to ask leave to pay the money into court to abide the contest, his willingness to pay, and not…
2Cited by6 opinions
- Aarons v. Pub. Ser. B. L. Assn.Supreme Court of Pennsylvania · 1935
- Aarons v. Public Service Building & Loan Ass'nSupreme Court of Pennsylvania · 1935
- Powers v. SlatterySupreme Court of Pennsylvania · 1938
- Citizens Trust Co. v. Trunk, Pennsylvania Court of Common Pleas, Clarion County1937
- Adams Apple Products Corp. v. Monmouth Products Co.District Court, E.D. Pennsylvania · 1949
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