Bradley Fertilizer Co. v. Pollock & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Walker. Tried before tbe Hon. James J. Banks. This was a garnishment proceeding instituted by the appellant, the Bradley Fertilizer Company, suing out a writ of garnishment upon a judgment recovered by it against John E. Cooke, which writ of garnishment was served upon the appellees, J. Pollock & Co. It was admitted that the firm of Cooke, Phillips & Walker, of which the defendant, John E. Cooke, the judgment debtor of the appellant, was a…
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Appeal from tbe Circuit Court of Walker. Tried before tbe Hon. James J. Banks. This was a garnishment proceeding instituted by the appellant, the Bradley Fertilizer Company, suing out a writ of garnishment upon a judgment recovered by it against John E. Cooke, which writ of garnishment was served upon the appellees, J. Pollock & Co. It was admitted that the firm of Cooke, Phillips & Walker, of which the defendant, John E. Cooke, the judgment debtor of the appellant, was a member, was indebted to J. Pollock & Co., the garnishees, in the sum of $2,974, at the time of the service of the…
1Opinion of the CourtHaralson, J.
1. If the $462.49, deposited by Cooke with Pollock & Co., as to the amount of which there is no dispute, was owing by Pollock & Co. to Cooke, at the date of the service of the garnishment, in such manner as that Cooke was entitled to recover it by suit in assumpsit against Pollock & Co., the plaintiff was entitled, by virtue of its garnishment, to its judgment against the garnishees for that sum. Whether or not Cooke,in an action to recover the money against Pollock & Co., was entitled to a judgment for it, depends upon, another question, viz., whether Pollock & Co. were entitled to set-off…
2Cases cited8 opinions
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- Jackson v. ShipmanSupreme Court of Alabama · 1856
- Von Pheel v. ConnallySupreme Court of Alabama · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First Nat. Bank of Abbeville v. CappsSupreme Court of Alabama · 1922
- Drennen v. Gilmore Bros.Supreme Court of Alabama · 1901
- Bank of Bellbuckle v. MasonTennessee Supreme Court · 1917
- Sladen, Fakes & Co. v. LanceSupreme Court of North Carolina · 1909
- Lichenstein v. MurphreeAlabama Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.