Neuer v. O'Fallon
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. Neuer commenced a suit by attachment against Radford and Mallory, in which, on the 11th day of April, 1850, John O’Eallon was summoned as garnishee.
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Error to St. Louis Court of Common Pleas. Neuer commenced a suit by attachment against Radford and Mallory, in which, on the 11th day of April, 1850, John O’Eallon was summoned as garnishee. The allegations filed by the plaintiff stated that the garnishee, as treasurer of the Illinois coal company, at the time he was summoned, had in his hands a sum of money which the said company upon a settlement with the defendants, who were contractors, had set apart and directed to be paid to them. The answer of the garnishee denied that he had any money of the defendants in his hands, or under his…
1Opinion of the CourtRylaND, Judge
1. The only question in this case, involves the correctness of the judgment of the court below in discharging O’Eallon, considering him not liable. Let us consider this question. The answer of O’Eallon, which is not excepted to or denied, shows that he was not indebted to the defendants in the attachment. He held in his hands the funds of a corporation, as its treasurer. These funds were not at his disposal, individually ; they were received and receipted for in the name of the corporation; they were paid out only by the orders and directions of the corporation, through the checks of their…
2Cited by4 opinions
- Wallace v. LawyerIndiana Supreme Court · 1876
- Brown v. GatesWest Virginia Supreme Court · 1879
- Wales v. City of MuscatineSupreme Court of Iowa · 1856
- Geiwitz v. GeiwitzMissouri Court of Appeals · 1971