Cadick Milling Co. v. Dothan Bank & Trust Co.

FOSTER, Justice.

The question presented on this appeal is the equity of a bill by a garnishee, which was a banker, and wherein the defendant in the garnishment was alleged to be a depositor in the bank, but was indebted to it in a sum less than the amount of the balance of the deposit, but such indebtedness was not due, when the bill alleges that the defendant, depositor, was insolvent, and by reason of such insolvency the bank did on the day before the garnishment suit was filed credit on the depositor’s debt to it an amount of such deposit balance as was sufficient to pay such debt in full.

Th…