Sterling v. Tantum
Superior Court of Delaware
Action by Bessie R. Sterling against Leon B. Tantum, with garnishee process to the Equitable Guarantee and Trust Company. Heard on motion to quash garnishee process. Motion granted. Alias Foreign Attachment (No. 78, January Term, 1915) laid in the hands of the treasurer of the Equitable Guarantee and Trust Company for the purpose of summoning it as garnishee.
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Action by Bessie R. Sterling against Leon B. Tantum, with garnishee process to the Equitable Guarantee and Trust Company. Heard on motion to quash garnishee process. Motion granted. Alias Foreign Attachment (No. 78, January Term, 1915) laid in the hands of the treasurer of the Equitable Guarantee and Trust Company for the purpose of summoning it as garnishee. The plaintiff declared in assumpsit on a certain promissory note made by the defendant for five hundred dollars, payable one month after date thereof, with copy of note attached. Counsel for garnishee, by petition, asked leave of court…
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
The sole question involved in this case is whether the Equitable Guarantee and Trust Company is a bank within the meaning of Section 4120, of the Revised, Code of 1915, which provides, inter alla, that:
“All corporations doing business in the state, except banks, savings institutions and loan associations are subject to the attachment laws of the State of Delaware, as provided in the case of individuals.”
Prior to the enactment of this statute corporations were not subject to the attachment laws of this state.
Is a trust company which is…
2Cited by5 opinions
- Woolsey v. Security Trust Co.Court of Appeals for the Fifth Circuit · 1934
- Kansas Ex Rel. Boynton v. HayesCourt of Appeals for the Tenth Circuit · 1932
- Provident Trust Co. v. BanksCourt of Chancery of Delaware · 1939
- State v. BradfordSuperior Court of Delaware · 1936
- Bank of Delaware v. Wilmington Housing AuthoritySuperior Court of Delaware · 1976