State National Bank v. Wheeler-Motter Mercantile Co.
Supreme Court of Arkansas
Appeal from Little River Circuit Court; Jeptha H. Evans, Judge, on exchange; 1. The money was not subject to garnishment. 42 Ark. 62. 2. The bank had no knowledge of the transaction between Kuhi and Rimes. 36 L. R. A. 658; 17 Id. 326; 46 Id. 732; 10 Id. 705; 29 Id. 558; 114 Mo. 519; 21 S. W. 825. 1. The money was owned by Rimes and was subject to garnishment. 2 Shinn on Attachment and Garnishment, § 580; 20 Cyc. 1022; 4 Cush.
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Appeal from Little River Circuit Court; Jeptha H. Evans, Judge, on exchange; 1. The money was not subject to garnishment. 42 Ark. 62. 2. The bank had no knowledge of the transaction between Kuhi and Rimes. 36 L. R. A. 658; 17 Id. 326; 46 Id. 732; 10 Id. 705; 29 Id. 558; 114 Mo. 519; 21 S. W. 825. 1. The money was owned by Rimes and was subject to garnishment. 2 Shinn on Attachment and Garnishment, § 580; 20 Cyc. 1022; 4 Cush. (Mass.) 343; 100 Mass. 239; 80 Mo. 251; 98 N. Y. 87; 28 Kan. 415; 61 N. W. 1084; 11 Mass. 506; 10 Minn. 396; 14 R. I. 42; 43 Am. St. Rep. 849. 2. The bank had knowledge…
1Opinion of the CourtMcCulloch, C. J.
D. A. Rimes was a merchant at Winthrop, Arkansas, and became insolvent, appellant, a banking corporation of Texarkana, Arkansas, and appellee, a mercantile corporation of St. Joseph, Missouri, being among his largest creditors. He sold his stock of goods in bulk for the sum of $1,010, and turned it over to B. H. Kuhl for the purpose of distributing the same pro rata among all his creditors, the transaction being verbal and not evidenced by any written assignment. Kuhl was vice-president of appellant bank, and deposited the money in that bank, the same being placed to his credit on the books…
2Cases cited2 opinions
- Van Winkle v. Iowa Iron & Steel Fence Co.Supreme Court of Iowa · 1881
- Tapp v. WilliamsSupreme Court of Arkansas · 1907
3Cited by5 opinions
- Brown v. WilkesSupreme Court of Arkansas · 1922
- Nelson v. HarperSupreme Court of Arkansas · 1916
- Ebbing v. HasslerSupreme Court of Arkansas · 1934
- Gibson v. Ark. Southern Production Co.Supreme Court of Arkansas · 1959
- Greening v. Planters' Bank & Trust Co.Supreme Court of Arkansas · 1921