Taylor v. Huey
Supreme Court of Pennsylvania
Appeal No. 206, Jan. T., 1895, by plaintiff, from order of C. P. Chester Co., June T., 1892, No. 23, discharging rule for judgment on answers of garnishee. Attachment execution.
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Appeal No. 206, Jan. T., 1895, by plaintiff, from order of C. P. Chester Co., June T., 1892, No. 23, discharging rule for judgment on answers of garnishee. Attachment execution. The garnishee stated in his answer that he had in his possession the mortgage of Fred Deifenbacker and wifé, upon lot of Eden Park addition to the city of Chantee, Neosho county, Kansas, for $300, payable March 19, 1897, given to Lewis M. Bedell, and by him assigned in blank; that in 1886, he purchased from the defendant, William Huey, a farm in Birmingham township, Chester county, which was subject to an annuity…
1Opinion of the Court
Per Curiam,
The answer of R. Haines Passmore, the garnishee, contains no admission of attachable assets in his hands, or of money due by him to the defendant William Huey; nor was there any testimony tending to sustain the plaintiff’s contention. The Deifenbacher mortgage, which by agreement of the parties was substituted for the Hixson mortgage, and for same purpose was held by the garnishee as indemnity against the annuity. It was a mere chose in action, or security for the debt recited therein, and could only be attached by bringing in the mortgagor as garnishee. The defendant’s debtor, and…
2Cases cited1 opinion
- Raiguel & Co. v. McConnellSupreme Court of Pennsylvania · 1855
3Cited by3 opinions
- Seip Et Ux. v. LaubachSupreme Court of Pennsylvania · 1938
- Adkins v. PothSupreme Court of Pennsylvania · 1926
- Hollander v. KressmanSuperior Court of Pennsylvania · 1940