Green v. Timmons
Missouri Court of Appeals
Appeal from < tlie St. Louis Circuit Court, Hon, Daniel Dillon, Judge. When, by attachment and garnishment, a plaintiff has collected from a garnishee, the garnishee acting in good faith, money not due the defendant in attachment, but another person, of identical name, such plaintiff must refund such money at the suit of the rightful creditor of the garnishee, the rightful creditor having had no notice of the attachment, proceedings until after judgment and money paid over.
Read the full summary
Appeal from < tlie St. Louis Circuit Court, Hon, Daniel Dillon, Judge. When, by attachment and garnishment, a plaintiff has collected from a garnishee, the garnishee acting in good faith, money not due the defendant in attachment, but another person, of identical name, such plaintiff must refund such money at the suit of the rightful creditor of the garnishee, the rightful creditor having had no notice of the attachment, proceedings until after judgment and money paid over. Meyer n. Eoulkrod, 4 Wash. C. C. 505; Freeman on J udgments, secs. 286, 288 ;■ Embra & Collins v. Hanna,. 5 Johns. 101.…
1Opinion of the CourtThompson, J.
This appeal is prosecuted from a judgment of the circuit court in sustaining a demurrer to the following petition:
“Now comes plaintiff, John Byron Green, and by leave of court first had and obtained, files this his amended petition and states :
‘ ‘ That he is a citizen of, and resides in, the city of ’Waco and state of Texas.
“That, in the year 1884, the firm of Daly, Miller & Company, of East St. Louis, state of Illinois, was indebted to him in a large sum of money, to-wit, two hundred and eighty-nine dollars and seventy-six cents, and that he had traded with 'said Daly,. Miller & Company as ‘…
2Cases cited6 opinions
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Funkhouser v. HowSupreme Court of Missouri · 1856
- Gates v. KerbySupreme Court of Missouri · 1850
- Dickey v. FoxSupreme Court of Missouri · 1857
- Mayer v. FoulkrodU.S. Circuit Court for the District of Eastern Pennsylvania · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Purdy v. Bankers' Life Ass'nMissouri Court of Appeals · 1903
- Kreher v. MasonMissouri Court of Appeals · 1889