Hatcher v. Plumley
North Dakota Supreme Court
From a judgment of the District Court of Cass County, Pollock, J., plaintiff appeals. “The service of garnishee papers upon the garnishee operates as an equitable levy upon such! of the debtor’s property and credits as were at the time of such service in the hands of the garnishee.” Winner v. Hoyt, 68 Wis. 278, 32 N. W. 132; Globe Mill. Co. v. Boynton, 87 Wis. 619, 59 N. W. 136; Morawetz v. Sun Ins. Office, 96 Wis. 175, 65 Am.
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From a judgment of the District Court of Cass County, Pollock, J., plaintiff appeals. “The service of garnishee papers upon the garnishee operates as an equitable levy upon such! of the debtor’s property and credits as were at the time of such service in the hands of the garnishee.” Winner v. Hoyt, 68 Wis. 278, 32 N. W. 132; Globe Mill. Co. v. Boynton, 87 Wis. 619, 59 N. W. 136; Morawetz v. Sun Ins. Office, 96 Wis. 175, 65 Am. St. Rep. 43, 71 N. W. 110; Maxwell v. Bank of New Richmond, 101 Wis. 286, 70 Am. St. Rep. 926, 77 N. W. 149. “The protection of the plaintiff, against danger of the…
1Opinion of the Court
Christianson, I.
The defendant Plumley was the president of the Forum Printing Company, and he and the defendant Edwards owned-practically all the capital stock of the corporation. On January 19, 1912, these defendants entered into a contract with the plaintiff O. M. Hatcher whereby they agreed to sell their stock in said corporation to said Hatcher on or before April 1, 1912, for a stipulated eonsid*151«ration. Thereafter, on April 2, 1912, the plaintiff brought an action to rescind said contract, and to recover certain moneys paid to defendants thereunder, and to recover special damages alleged…
2Cases cited12 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Carr v. WaughIllinois Supreme Court · 1862
- Haas v. Old National BankSupreme Court of Georgia · 1893
- Petrie v. WymanNorth Dakota Supreme Court · 1916
- Shortridge v. SturdivantNorth Dakota Supreme Court · 1915
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3Cited by5 opinions
- American Standard Life & Accident Insurance Co. v. SperosNorth Dakota Supreme Court · 1993
- Bronson v. ChambersNorth Dakota Supreme Court · 1924
- Thorson v. WeimerNorth Dakota Supreme Court · 1930
- State Bank v. SchultzeNorth Dakota Supreme Court · 1924
- Retterath v. SmithNorth Dakota Supreme Court · 1930