Walker v. N. K. Fairbanks & Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. A corporation organized in another state, but doing business and having property in this state, is subject to garnishment here. Revised Statutes, 1889, secs. 2538, 5218, 2009, 2010, 521; Bitter v. Ins. Co., 28 Mo. App. 140; Keatimg v. Refrigerator Co., 32 Mo. App. 297; Drake on Attachment, sec. 477; Murfree on Foreign Corporations, sec. 261; McAllister v. Ins.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. A corporation organized in another state, but doing business and having property in this state, is subject to garnishment here. Revised Statutes, 1889, secs. 2538, 5218, 2009, 2010, 521; Bitter v. Ins. Co., 28 Mo. App. 140; Keatimg v. Refrigerator Co., 32 Mo. App. 297; Drake on Attachment, sec. 477; Murfree on Foreign Corporations, sec. 261; McAllister v. Ins. Co., 28 Mo. 214; Railroad v. Crane, 102 111. 249. The situs of a debt is the place where the debt is payable, the debtor is found and subject to garnishment.…
1Opinion of the CourtRombauer, P. J.
Upon a trial of this cause the court rendered judgment in favor of the garnishee. All the instructions asked by the plaintiff were given, and no exceptions were saved to the admission or rejection of evidence. The garnishee asked no instructions. The only complaint made by the plaintiff is that, under the conceded facts, the court should have rendered judgment against the garnishee.
The garnishee’s answer which was filed in June, 1891, admitted an indebtedness to the defendant Henderson, but stated that such indebtedness was payable in Denver in the state of Colorado. The garnishee’s answer…
2Cases cited3 opinions
- Holton v. South Pacific RailroadSupreme Court of Missouri · 1872
- Green's Bank v. WickhamMissouri Court of Appeals · 1886
- Industrial Commission v. CollelaOhio Court of Appeals · 1923
3Cited by2 opinions
- Hax v. Acme Cement Plaster Co.Missouri Court of Appeals · 1900
- McBee v. Purcell National BankCourt Of Appeals Of Indian Territory · 1896