First Nat. Bank of Roswell v. Smith Bros. Grain Co.

Appellee obtained a judgment against R. E. Levers & Co., and as such judgment creditor garnished the Farmers’ & Mechanics’ National Bank of Fort Worth, Tex. The Fort Worth bank answered that it was not indebted to Levers & Co., but that it held $193.54, the proceeds of a draft drawn by that company, on December 4, 1923, on E. M. Rogers & Co., payable to the First National Bank of Roswell, N. M., and by that bank sent to the garnishee for collection; that the amount so collected by the garnishee' bank was claimed by the Roswell bank as its property.

The appellee controverted the answer of the…