Mayer & Lowenstein v. Chattahoochee National Bank
Supreme Court of Georgia
Garnishment.. Banks. Deposit. Cheek. Before Judge James Johnson. Muscogee Superior Court-. November Term, 1873. Mayer & Lowenstein brought complaint against McKee Brothers for $375 26, balance due on a promissory note, dated May 3d, 1867, with interest from September 6th, 1867. Pending suit, to-wit: on March 11th, 1869, process of garnishment was served on the Chattahoochee National Bank.
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Garnishment.. Banks. Deposit. Cheek. Before Judge James Johnson. Muscogee Superior Court-. November Term, 1873. Mayer & Lowenstein brought complaint against McKee Brothers for $375 26, balance due on a promissory note, dated May 3d, 1867, with interest from September 6th, 1867. Pending suit, to-wit: on March 11th, 1869, process of garnishment was served on the Chattahoochee National Bank. Judgment was obtained at the November term, 1870, on the original cause of action against the defendants. On December 5th, 1873, the garnishee answered, admitting an indebtedness to John G. McKee, a member…
1Opinion of the Court
McCay, Judge.
1. The act of 1869 is very broad. The garnishee is to answer not only what he was indebted at the time of the service of the summons, but what he has become indebted to the defendant, and what effects he has received or got possession of, of his, between the date of the summons and the answer. A bank which receives a deposit from a debtor clearly becomes indebted to him if it is a general deposit, and has'effects of his if it be a special one, and under the express words of the statute, the summons acts upon and stops it, and any payment to the debtor, or to his order, is at the…
2Cited by22 opinions
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