Nemeroff v. National City Bank

On September 11, 1940, a warrant, issued in an action entitled “Nemeroff v. Garber,” was served on the defendant and a bank account in the name of Mira Garber was attached. This action was thereafter brought by the plaintiff Nemeroff and by the sheriff pursuant to section 943 of the Civil Practice Act to recover $5,044.64, the credit balance in the attached account. The summons and complaint were served on defendant on December 17, 1940, more than ninety days after the execution of the warrant of attachment and service thereof upon the defendant. The defendant in its answer sets up as a…