Gossett v. Merchants & Planters Bank

Paul Ward, Associate Justice.

Appellant and appellee are both asserting a prior claim to money deposited, as a savings account, with appellee by one Mary K Pace. Hereafter we will refer to appellant as Gos-sett, to appellee as the bank, and to the depositor as Pace.

On June 10, 1959 Gossett recovered a judgment against Pace in the amount of $265.90. Gossett, being unable to collect from Pace and learning of the Pace deposit, caused a Writ of Garnishment to be issued against the bank on October 29, 1959. The writ was served on October 31, 1959.

The bank answered on November 5, 1959 as follows:…