Legal Opinion

Storm v. Cotzhausen

Wisconsin Supreme Court

Decided August 15, 1875PublishedCited by 11 opinions

APPEAL from the Circuit Court for Milwaukee County. Plaintiffs having recovered judgment against one Bloom in the circuit court for Green county, docketed the judgment in Milwaukee county, and placed an execution in the hands of the sheriff of the latter county, process of garnishment was served on defendants.

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APPEAL from the Circuit Court for Milwaukee County. Plaintiffs having recovered judgment against one Bloom in the circuit court for Green county, docketed the judgment in Milwaukee county, and placed an execution in the hands of the sheriff of the latter county, process of garnishment was served on defendants. The garnishees, as attorneys for Bloom, had collected money for him the day before service of the garnishee process, and had on the same day placed the money in hank and procured a sight draft therewith on a New York bank, payable to the order of Bloom, for the amount due him. The draft…

1Opinion of the CourtCole, J.

At the time of the service of the garnishee process, the garnishees had in their possession a sight draft payable to the order of the judgment debtor. The draft was drawn by a bank of Milwaukee upon a bank in New York, and was the property of the judgment debtor — the garnishees having purchased it with money which they had collected for him. The draft had not yet been presented to the drawee for payment. The sole question in the case is, whether this draft was subject to the garnishee process on execution. The question is not free from difficulty, under the various provisions of our…

2Cases cited1 opinion

  1. Brower v. SmithWisconsin Supreme Court · 1863

3Cited by11 opinions

  1. La Crosse National Bank v. WilsonWisconsin Supreme Court · 1889
  2. Bloch v. American InsuranceWisconsin Supreme Court · 1907
  3. State ex rel. Sweet v. CunninghamWisconsin Supreme Court · 1894
  4. Clawson v. StateWisconsin Supreme Court · 1906
  5. Old Second National Bank v. WilliamsMichigan Supreme Court · 1897

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