Elite Distributing Co. v. Schrul

A delinquent judgment debtor, for whom an attachment had been issued, in order to avoid the humiliation of arrest, deposited with the sheriff the sum of fifty dollars. At the time the deposit was made no statement or written direction concerning the title to or the manner in which the money was to he refunded, if the judgment debtor subsequently became entitled to the return thereof, was made. The debtor, after his discharge from the custody of the sheriff, sought Jo have the deposit returned, claiming the money to he that of a third party who had merely loaned the money for hail purposes.…