Southern Trust Co. v. American Bank of Commerce & Trust Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; J. E. Mar-tinecm, Chancellor; At the time garnishment was served on appellee it had money in its hands for the purpose of paying Smith and it had never been paid out on his check or order and Smith had a right of action against the hank. 69' Ark. 43; 216 S. W. 717; 5 Cyc. 548; 92 Tenn. 154; 183 S. W. 684. See, also, 70 Penn. Sup.
Read the full summary
Appeal from Pulaski Chancery Court; J. E. Mar-tinecm, Chancellor; At the time garnishment was served on appellee it had money in its hands for the purpose of paying Smith and it had never been paid out on his check or order and Smith had a right of action against the hank. 69' Ark. 43; 216 S. W. 717; 5 Cyc. 548; 92 Tenn. 154; 183 S. W. 684. See, also, 70 Penn. Sup. Ct. 34. The exact question here has been settled by this court. 98 Ark. 1; 100 Id. 537; 133 Id. 498. Appellee is indebted to Smith and (2) between 'Smith 'and appellee there was and is privity. Smith could maintain suit against…
1Opinion of the CourtMcCulloch, C. J.
Each of the parties to this appeal is a banking corporation doing business in the city of Little Rock. Appellant obtained a decree in the chancery court of Pulaski County on October 11, 1920, for the recovery of the sum of $9,655.55 against Sam W. Smith and Arthur Nicholl, and later sued out a writ of garnishment directed to' appellee commanding the latter to answer what funds and property of Sam W. Smith it held in its possession. Appellee answered that it had no property or funds of Smith in its possession, and appellant filed a reply, which framed the issue tried by the lower court,…
2Cases cited9 opinions
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Robertson v. ColemanMassachusetts Supreme Judicial Court · 1886
- First National Bank v. American Exchange National BankNew York Court of Appeals · 1902
- Schaap v. First National BankSupreme Court of Arkansas · 1918
- Sims v. American National BankSupreme Court of Arkansas · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Anderson v. National Bank of TacomaWashington Supreme Court · 1928
- Federal Land Bank v. CollinsMississippi Supreme Court · 1930
- Southern Surety Company v. PhillipsSupreme Court of Arkansas · 1930
- Anschutz v. Central National Bank of ColumbusNebraska Supreme Court · 1961
- Gasper v. Security State BankNebraska Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.