Foster v. Southern Bell Telephone & Telegraph Co.

(After stating the foregoing facts.) It is the plaintiff’s contention that the various agreements entered into between the employer and its trustee, Bankers Trust Company, created the relationship of principal and agent as between them, the employer retaining control of the disposition of the funds in the hands of the trustee; and that for this reason the obligation of the trustee to pay over the monthly pension was in reality a debt owing to the employer by Southern Bell Telephone & Telegraph Company. The test of whether funds in the hands of a third person are subject to garnishment is…