Associates Discount Corp. v. Bar Steel Construction Corp.

Plaintiff’s motion for summary judgment and defendant’s cross motion to dismiss the complaint present what appears to be a question of first impression, resolved neither by the authorities cited by plaintiff nor decisively by the independent research of the court.

The facts are not in dispute. Plaintiff, a judgment creditor of one McNamara, effected service of a garnishee execution on defendant, his alleged employer, on November 26, 1958. The latter promptly returned the same to the Marshal because McNamara’s employment had been terminated on November 8, 1958. On July 24, 1962, over three and…