Weil v. Tyler
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. Plaintiffs sued defendant upon a note executed to H. Buching and assigned to the plaintiffs. The defence was, that the defendant had been summoned as a garnishee of the payee of the note upon judgments obtained before a justice of the peace, and that judgments had been rendered against him as garnishee, which he had paid.
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Appeal from St. Louis Law Commissioner’s Court. Plaintiffs sued defendant upon a note executed to H. Buching and assigned to the plaintiffs. The defence was, that the defendant had been summoned as a garnishee of the payee of the note upon judgments obtained before a justice of the peace, and that judgments had been rendered against him as garnishee, which he had paid. The record from the justice’s court showed that the defendant had answered to the garnishment, admitting the execution of the note, but stating that he did not Know who was the holder of the note at the time he was garnished.…
1Opinion of the Court
Holmes,-Judge,
delivered the opinion of the court.
The questions presented in this case must be considered as already determined by the previous decisions of this court. It has been repeatedly decided that a judgment against a garnishee in an attachment, or on execution, will not protect him against a subsequent recovery in favor of one who had previously to the garnishment taken an assignment of the debt from the defendant debtor—Dobbins v. Hyde, 37 Mo. 114; Funkhouser v. How, 24 Mo. 44.
The fact of the ownership of the note by such defendant debtor at the time of the garnishment is held to be…
2Cases cited4 opinions
- Funkhouser v. HowSupreme Court of Missouri · 1856
- Dobbins v. HydeSupreme Court of Missouri · 1865
- Perry v. SiterSupreme Court of Missouri · 1866
- Garesché v. ChouteauSupreme Court of Missouri · 1866
3Cited by3 opinions
- Nelson & Wallace v. GibsonSupreme Court of Vermont · 1916
- Smith v. Security Inv. Co.Court of Appeals of Texas · 1929
- Great Lakes Coal & Coke Co. v. SegallMissouri Court of Appeals · 1933