McIntyre v. Farmers & Merchants' Bank
Michigan Supreme Court
Error to Berrien; Coolidge, J. Garnishment proceedings by John L. McIntyre against the Farmers & Merchants’ Bank, as garnishee of Isaac R. Dunning, and Julia A. Dunning, impleaded as claimant of the fund.- From a judgment for plaintiff, defendant bank brings error. Plaintiff, after obtaining a judgment against the defendant Isaac R. Dunning, sued out a writ of garnishment against the garnishee defendant.
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Error to Berrien; Coolidge, J. Garnishment proceedings by John L. McIntyre against the Farmers & Merchants’ Bank, as garnishee of Isaac R. Dunning, and Julia A. Dunning, impleaded as claimant of the fund.- From a judgment for plaintiff, defendant bank brings error. Plaintiff, after obtaining a judgment against the defendant Isaac R. Dunning, sued out a writ of garnishment against the garnishee defendant. Its disclosure showed $125.93 in the bank, standing in the name of Mr. Dunning, and that the bank was informed by him that the money was the property of his wife. She was then impleaded,…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. We cannot concur in the contention that the proofs conclusively showed that the money belonged to Mrs. Dunning. The entire bank account, extending from April, 1893, to February 2, 1896, was in evidence, and stood in the name of Mr. Dunning. He did not swear that all these deposits belonged to his wife. He said they were “principally hers.” When asked if he would swear that he never made a deposit of his own money, he replied: “Not exactly. The money that was deposited there was deposited for her.” Nearly all the investments from which she received an income were…
2Cases cited1 opinion
- Grammel v. CarmerMichigan Supreme Court · 1884
3Cited by4 opinions
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- Muskegon Lumber & Fuel Co. v. JohnsonMichigan Supreme Court · 1954
- Sunderlin v. Mecosta County Savings BankMichigan Supreme Court · 1898
- White Truck Sales of Saginaw, Inc. v. Citizens Commercial & Savings BankMichigan Supreme Court · 1957