Legal Opinion

Escambia Chemical Corp. v. United Ins. Co.

Supreme Court of Alabama

Decided March 24, 1981No. 79-941PublishedCited by 9 opinions

1Opinion of the Court

The holder of a money judgment against an insurance debit agent sued out a garnishment against the agent's company claiming that the following funds were subject to garnishment: (1) commissions earned and retained by the agent but not transmitted to the company; (2) proceeds of a cash bond posted by the agent with the company; and (3) certain pension benefits which might be payable to the agent.

The trial court found that the company had no funds in its possession or control which were owing to its agent, and dismissed the garnishment.

The facts are essentially uncontroverted. Escambia Chemical…

2Cases cited1 opinion

  1. Sloss v. GlazeSupreme Court of Alabama · 1935

3Cited by9 opinions

  1. Ex Parte OvertonSupreme Court of Alabama · 2007
  2. Devan Lowe, Inc. v. StephensCourt of Civil Appeals of Alabama · 2002
  3. St. Paul Fire and Marine Ins. Co. v. CoxDistrict Court, N.D. Alabama · 1984
  4. Cocco v. Merchants Mortgage Co.Court of Special Appeals of Maryland · 1986
  5. First State Bank v. SouthTrust BankSupreme Court of Alabama · 1987

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