Small v. Mendel, Gosling & Co.

Atkinson, Justice.

The facts necessary to the determination of the questions made in this case may be stated as follows: Mendel, Gosling & Co. brought suit in the superior court of Dodge county, to the March term, 1893, against E. Johnson, and sued out summons of garnishment directed to and served upon Edgar Gentry. He answered, that he had in his hands a check of the Liverpool & London & Globe Insurance Company, for $231.83, payable to the order of E. Johnson and A. B. Small, and which came into his hands under the following circumstances: Cn Januaiy 8th, 1892, said insurance company, through…