Tobey v. Seaboard & Southern Construction Co.

The controversy as begun in the pleadings was boiled down to one issue upon the trial in the lower court. The question is whether the Seaboard & Southern Construction Company or the Brazos Biver Harbor Navigation District is the owner of a certified check for $7500, admitted to be in the possession of the Federal Beserve Bank of Atlanta. So far as appears, Mr. Tobey has no personal pecuniary interest in the matter, and the bank is but a stakeholder, suit as to it being in the nature of an equitable garnishment. The question depends upon the right of the construction company to withdraw its…