Tim & Co. v. Franklin
Supreme Court of Georgia
Garnishment. Debtor and creditor. Fraud. Parties. Principal and surety. Practice. Before Judge Van Epps. City court of Atlanta. September term, 1890. Upon indebtedness claimed against Max Franklin garnishments issued and were served upon an insurance company, which answered denying indebtedness to Franklin.
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Garnishment. Debtor and creditor. Fraud. Parties. Principal and surety. Practice. Before Judge Van Epps. City court of Atlanta. September term, 1890. Upon indebtedness claimed against Max Franklin garnishments issued and were served upon an insurance company, which answered denying indebtedness to Franklin. At the time of serving the summons of garnishment the plaintiffs attorney also served upon the insurance company a paper stating: “Garnishee is hereby notified that this summons of garnishment is intended to reach the money due on policy issued to Levi Cohen on Max Franklin’s property…
1Opinion of the Court
Bleckley, Chief Justice.
1. As a general rule, creditors cannot reach by garnishment any assets which the debtor himself could not recover from the garnishee. Bates v. Forsyth, 69 Ga. 365. Here the policy of insurance was issued to Cohen. Franklin was no party to it. The original undertaking of the company was to pay to Cohen, if a loss should occur. The presumption is that the premiums were paid by Cohen. The traverse of the company’s answer suggests nothing to the contrary. It alleges that the policy covered goods belonging to Franklin, and was issued to Cohen to defraud Franklin’s…
2Cases cited1 opinion
- Bates & Co. v. ForsythSupreme Court of Georgia · 1882
3Cited by11 opinions
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Few v. PouCourt of Appeals of Georgia · 1924
- American Express Co., S. A. I. v. Bomar Shoe Co.Court of Appeals of Georgia · 1972
- First National Bank v. Colonial Fire Underwriters InsuranceSupreme Court of Georgia · 1925
- Interstate Rubber Co. v. KaufmanNebraska Supreme Court · 1915
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