Himstedt v. German Bank
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon F. T. Vaughan, Circuit Judge. The proof shows conclusively that the money belonged to the husband, and known so to be by the garnishee, according to all legal requirements of notice. It was the bank’s duty to hold the amount to abide the litigation they knew was progressing.
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APPEAL from Pulaski Circuit Court. Hon F. T. Vaughan, Circuit Judge. The proof shows conclusively that the money belonged to the husband, and known so to be by the garnishee, according to all legal requirements of notice. It was the bank’s duty to hold the amount to abide the litigation they knew was progressing. As to the sufficiency and effect of the notice, see Wade on Notice, secs. 11, 7, 10, 27, 28, 30, 89, 251, 672, 676, 681, 685, 7; 48 N. 7., 326. The issue in this cause was whether the bank owed Prank Marko. The money was generally deposited by her, and the relation of debtor and…
1Opinion of the CourtSmith, J.
This is a continuation of the case of the Bank v. Himstedt, reported in 42 Ark., 62. Himstedt had sued Prank Marko and Elizabeth, his wife, for a debt due by the husband; had taken out an attachment and summoned the bank as a garnishee. The answer denied any indebtedness to Frank Marko, but disclosed that the bank held $75, which had been deposited by Elizabeth in her own name. The plaintiff discontinued his action against the wife, and the bank honored her cheek for the amount standing to her credit. Judgment having been rendered against the defendant and the attachment having been…
2Cases cited1 opinion
- Phœnix Bank v. RisleySupreme Court of the United States · 1884
3Cited by9 opinions
- Steelman v. AtchleySupreme Court of Arkansas · 1911
- Potter v. WhittenMissouri Court of Appeals · 1913
- Whitsett v. Peoples National BankMissouri Court of Appeals · 1909
- Taylor v. Dierks Lumber Coal CompanySupreme Court of Arkansas · 1931
- Southern Lumber Co. v. RileySupreme Court of Arkansas · 1954
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