Daniels v. Meinhard Bros.
Supreme Court of Georgia
Garnishment. Principal and agent. Insurance. Debto'r and creditor. Before Judge Schley; Chatham Superior • Court. May Term, 1874. Meinhard Brothers & Company, Max Krauss & Company, Lilienthal & Kohn, and Symons & Company, defendants in error, were creditors of one Philip A. Zoller, who had sustained a loss by fire of certain goods which were covered, by a policy of insurance issued to him by the Franklin Fire Insurance Company of Philadelphia, through their agents in…
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Garnishment. Principal and agent. Insurance. Debto'r and creditor. Before Judge Schley; Chatham Superior • Court. May Term, 1874. Meinhard Brothers & Company, Max Krauss & Company, Lilienthal & Kohn, and Symons & Company, defendants in error, were creditors of one Philip A. Zoller, who had sustained a loss by fire of certain goods which were covered, by a policy of insurance issued to him by the Franklin Fire Insurance Company of Philadelphia, through their agents in Savannah, Purse & Thomas. On March 14th, 1872, Meinhard Brothers & Company, and Max Krauss & Company, commenced suit against…
1Opinion of the Court
Trippe, Judge.
1. When the garnishees answered the first summons and there .was no traverse of that answer, they were discharged from any liability under that' proceeding. From the facts shown by the record, they could have made no other answer than the one they did. They had no money or effects of the principal debtor in their hands. Those proceedings being thus ended or determined, another garnishment was. served upon them, and under this, money was returned into court. No lien under the first garnishment could attach to this fund because it was not a garnishment pending; it was functus…
2Cases cited1 opinion
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
3Cited by9 opinions
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Rivers v. Wright & Co.Supreme Court of Georgia · 1903
- Anderson v. Burnham (In Re Burnham)United States Bankruptcy Court, N.D. Georgia · 1981
- Sykes v. First National BankSouth Dakota Supreme Court · 1891
- Price v. ElmbankDistrict Court, N.D. California · 1896
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