John R. Davis Lumber Co. v. First National Bank of Milwaukee
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. Garnishment. Appellant sued one Dockery in justice’s court, and garnished the respondent bank. The bank answered, first denying that it was indebted to or had any property of Dockery in its possession, and further alleging that at the time of the garnishment it had in its possession a certified check, as follows: “Phillips, Wis., July 23, 1891. “ The National Fxohange Bank of Milwaukee, Wis.: Pay to the order of Thos. IT.
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APPEAL from the Superior Court of Milwaukee County. Garnishment. Appellant sued one Dockery in justice’s court, and garnished the respondent bank. The bank answered, first denying that it was indebted to or had any property of Dockery in its possession, and further alleging that at the time of the garnishment it had in its possession a certified check, as follows: “Phillips, Wis., July 23, 1891. “ The National Fxohange Bank of Milwaukee, Wis.: Pay to the order of Thos. IT. Gill ($150.00) one hundred and fifty dollars. John E. Davis LumbeR Company. “ By B. W. Davis, Sec. “Certified: F. Kasten,…
1Opinion of the CourtWinslow, J.
The garnishee by its answer set up substantially that the check in its possession was the property of the Ashland National Bank by purchase through an intermediate purchaser from Dockery. Upon- the trial the garnishee was allowed to prove that Dockery had assigned the claim represented by the check to one Mrs. O’Brien before the garnishment. Seasonable objection was taken to the introduction of this evidence because no such defense was set up in the answer, and the question presented is whether this evidence was admissible under the pleadings.
Our statutes seem certainly to contemplate that…
2Cases cited3 opinions
- Coleman v. ScottNebraska Supreme Court · 1889
- Lusk v. GallowayWisconsin Supreme Court · 1881
- Schuerman v. FosterWisconsin Supreme Court · 1892
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