Willis v. Curtze
Supreme Court of Pennsylvania
Appeal, No. 37, Jan. T., 1902, by plaintiff, from judgmentof C. P. Erie Co., Sept. T., 1900, No. 108, on verdict for defendant in case of R. B. Willis v. International Construction Company, with, notice to F. F. Curtze, Garnishee. Foreign attachment. Before Walling, P. J. At the trial it appeared that the International Construction Company had a contract with the Erie Transit Company for the construction of an electric railway from Erie to Cambridge Springs.
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Appeal, No. 37, Jan. T., 1902, by plaintiff, from judgmentof C. P. Erie Co., Sept. T., 1900, No. 108, on verdict for defendant in case of R. B. Willis v. International Construction Company, with, notice to F. F. Curtze, Garnishee. Foreign attachment. Before Walling, P. J. At the trial it appeared that the International Construction Company had a contract with the Erie Transit Company for the construction of an electric railway from Erie to Cambridge Springs. The contractor was to receive for the building of the road, stock and bonds of the company. W. C. Culbertson bought some of the bonds,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Generally the garnishee in a foreign attachment may make any defense against the plaintiff in the writ that he could make against his original creditor. The judgment in the attachment establishes only the existence of the debt due the plaintiff by his immediate debtor. The plaintiff stands in no better position as to the thing attached than does his debtor, and an}' defense good against the latter will prevent a recovery against the garnishee: Farmers’ & Mechanics’ Bank v. Little, 8 W. & S. 207; Patten v. Wilson, 34 Pa. 299; Noble v. Thompson Oil Co., 79 Pa. 354.
The…
2Cases cited3 opinions
- Patten v. WilsonSupreme Court of Pennsylvania · 1859
- Noble v. Thompson Oil Co. ex rel. BrownSupreme Court of Pennsylvania · 1875
- Farmers' & Mechanics' Bank v. LittleSupreme Court of Pennsylvania · 1844
3Cited by11 opinions
- Austin-Nichols & Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1927
- Aarons v. Pub. Ser. B. L. Assn.Supreme Court of Pennsylvania · 1935
- Aarons v. Public Service Building & Loan Ass'nSupreme Court of Pennsylvania · 1935
- Frazier v. BergSupreme Court of Pennsylvania · 1931
- Reichner v. ReichnerSupreme Court of Pennsylvania · 1912
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