Commercial Investment Trust, Inc. v. William Frankfurth Hardware Co.

There was here no'interference by the garnishee proceedings with any actual possession of the property by the plaintiff, for it never had actual possession until the goods were returned to it at the close of the garnishee action. It at all times had no more than a right to claim and take actual possession of the property as security for the repayment to it of the sums advanced to the Blue Bird Appliance Company. In that situation there was a question properly presented as to whether the right of the plaintiff to have possession of the property was superior to the claim asserted by the…