John Julian Construction Co. v. Monarch Builders, Inc.

John Julian Construction Co. (hereinafter “Julian”) secured a judgment against Monarch Builders, Inc. (hereinafter Monarch”). This appeal and cross-appeal concern Julian’s attempt to recover from Albert Marta and Frank Acierno (hereinafter “Garnishees”) as garnishees the sum owed by Monarch. The opinion below is reported at Del.Super., 306 A.2d 29; reference is made thereto for the factual background of the case.

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Monarch contends that it was error for the Superior Court to deny Garnishees’ motion for summary judgment on the question of whether Garnishees had assumed Monarch’s debt to Julian.

Mo…