Milmo National Bank v. Convery
Court of Appeals of Texas
Appeal from Webb. Tried below before Hon. A. L. MoLane. 1. An assignee of a part only of an indebtedness not yet due by a third person is not entitled to priority of payment by such third person over a plaintiff in garnishment, where the writ of garnishment is served on said third person before either the plaintiff in garnishment or the said third person had any notice of such assignment. 2. Before equity will enforce the assignment of a part only of the fund, as against the…
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Appeal from Webb. Tried below before Hon. A. L. MoLane. 1. An assignee of a part only of an indebtedness not yet due by a third person is not entitled to priority of payment by such third person over a plaintiff in garnishment, where the writ of garnishment is served on said third person before either the plaintiff in garnishment or the said third person had any notice of such assignment. 2. Before equity will enforce the assignment of a part only of the fund, as against the garnishment by the bank, it must affirmatively appear that Fitzmaurice and Hicks had agreed upon the amount claimed to…
1Opinion of the Court
■TAIMES, Chiee Justice.
Appellant had obtained judgment against Eliza Fitzmaurice for $601.50, and upon this judgment sued out a garnishment against John Convery, in May, 1893. On October 8, 1893, the garnishee answered that he was indebted to Eliza Fitzmaurice in the sum of $400, with certain interest, the same being a part of $1883 contracted to be paid her, all of which had been paid except $400; the answer further stated that the garnishee had, since the suing out of garnishment, on October 6,1893, been notified by Marshall Hicks that Eliza Fitzmaurice had assigned to him the sum of $100…
2Cited by19 opinions
- Atkinson v. Jackson Bros.Court of Appeals of Texas · 1923
- Campbell v. J. E. Grant Co.Court of Appeals of Texas · 1904
- Ives v. CultonCourt of Appeals of Texas · 1917
- Jones v. CaldwellCourt of Appeals of Texas · 1931
- City of San Antonio v. ReedCourt of Appeals of Texas · 1917
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