Painter Carpet Mills, Inc. v. Signet Carpet Company, Inc., Mr. Howard E. Ross, Sr., Garnishee-Appellee

TUTTLE, Circuit Judge:

Painter Carpet Mills, Inc. appeals from a judgment in favor of the garnishee, Howard E. Ross, which followed a determination by the trial court on “undisputed facts” that at the time of the service of summons of garnishment on Ross he was not indebted to the defendant debtor against which Painter had obtained a default judgment for $10,577.70 in the main action.

In 1967 Ross was president, a director, managing officer and, after February, the sole stockholder of Signet Carpet Company. During that summer the company was in straitened financial condition. From October 1st,…