McCallum v. Morris
Supreme Court of Pennsylvania
Appeal, No. 115, Oct. T., 1896, by garnishee, from order of C. P. No. 2, Allegheny Co., Oct. T., 1895, No. 569, entering judgment against him. Attachment execution. Rule for judgment against garnishee on answers to interrogatories. The plaintiffs having obtained judgment against the firm of Morris Bros. & Gray issued execution upon their judgment in September, 1895, and summoned Samuel Lockhart as garnishee.
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Appeal, No. 115, Oct. T., 1896, by garnishee, from order of C. P. No. 2, Allegheny Co., Oct. T., 1895, No. 569, entering judgment against him. Attachment execution. Rule for judgment against garnishee on answers to interrogatories. The plaintiffs having obtained judgment against the firm of Morris Bros. & Gray issued execution upon their judgment in September, 1895, and summoned Samuel Lockhart as garnishee. Interrogatories were served on the garnishee inquiring inter alia: “ Did you purchase from W. W. Morris any real estate in the past year ? What was the consideration ? and how and where…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The entry of judgment in this case against the garnishee was clearly erroneous. His answer gave in detail the circumstances which led up to the transfer of the note-to a bona fide purchaser for value, and was sufficiently full and explicit to raise an issue which a jury alone could decide : Bank v. Gross, 50 Pa. 224. True, he did not give the name of the transferee, but that was a fact which the interrogatories did not specifically require, and which in that state of the proceedings, it was not essential to give. Whether he gave or withheld it would not…
2Cases cited2 opinions
- Lancaster County Bank v. GrossSupreme Court of Pennsylvania · 1865
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- Stewart v. Stewart (Et Al.)Superior Court of Pennsylvania · 1938
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