Zumpfe v. Schultz
Superior Court of Pennsylvania
Appeal, No. 150, Oct. T., 1907, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1906, No. 2,903, on answers of garnishee in case of William A. Zumpfe v. Gustav Schultz, N. Schultz and Charles B. Weidlog. Rule for judgment on garnishee’s answers. The record showed that the plaintiff issued an attachment execution on a judgment entered against the defendant, summoning one Charles Weissinger, trustee in bankruptcy, as garnishee.
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Appeal, No. 150, Oct. T., 1907, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1906, No. 2,903, on answers of garnishee in case of William A. Zumpfe v. Gustav Schultz, N. Schultz and Charles B. Weidlog. Rule for judgment on garnishee’s answers. The record showed that the plaintiff issued an attachment execution on a judgment entered against the defendant, summoning one Charles Weissinger, trustee in bankruptcy, as garnishee. The garnishee in his answers made the following statement as to property in his hands: “as Trustee in Bankruptcy of estate of Gustav Schultz, U. S. D.…
1Opinion of the Court
Opinion by
Beaver, J.,
To whom did the money attached in the hands of the garnishee, trustee for the creditors of the defendant’s bankrupt estate, belong? The answer to this question, if a definite answer can be given, will determine this case. This answer we think is found, in essence at least, in Lockwood v. Exchange Bank, 190 U. S. 294, in which Mr. Justice White, delivering the opinion, after reviewing the provisions of the bankrupt act of 1867, and the decision of the supreme court of the United States thereunder, and referring to the provisions of the act of 1898, says: “We think that the…
2Cases cited2 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Sharp v. WoolslareSuperior Court of Pennsylvania · 1904
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