Farmers' & Mechanics' Bank v. Little
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. The plaintiff below, Jacob Little, a citizen of the State of New York, issued a foreign attachment in the court below on the 23d March 1842, against the Atchafalaya Railroad and Banking Company as defendant (a corporation in New Orleans incorporated by the laws of Louisiana), which was served the same day on the Farmers’ and Mechanics’ Bank of Philadelphia, as garnishees, who then had funds to the amount of…
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ERROR to the District Court for the city and county of Philadelphia. The plaintiff below, Jacob Little, a citizen of the State of New York, issued a foreign attachment in the court below on the 23d March 1842, against the Atchafalaya Railroad and Banking Company as defendant (a corporation in New Orleans incorporated by the laws of Louisiana), which was served the same day on the Farmers’ and Mechanics’ Bank of Philadelphia, as garnishees, who then had funds to the amount of $11,411.30 in their possession, the property of the defendant in the attachment. According to the practice of the court…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is said the garnishee of a debt may plead anything against the plaintiff in the scire facias that he could plead against his own original creditor, except that the debt is not presently demandable; and even that may be pleaded by him in stay of execution. In no other respect does the attaching creditor stand on other ground than that of the creditor for whom he has been substituted by the attachment as a statute assignment or execution. The judgment in the attachment suit establishes no more than the existence of the debt claimed by the…
2Cases cited2 opinions
- Fitch v. RossSupreme Court of Pennsylvania · 1818
- Pancake v. HarrisSupreme Court of Pennsylvania · 1823
3Cited by9 opinions
- Aarons v. Public Service Building & Loan Ass'nSupreme Court of Pennsylvania · 1935
- Hays v. Lycoming Fire InsuranceSupreme Court of Pennsylvania · 1882
- Willis v. CurtzeSupreme Court of Pennsylvania · 1902
- Nazareth Cement Co. v. Union Indemnity Co.Superior Court of Pennsylvania · 1934
- Ionian Bank, Ltd. v. MamatosSupreme Court of Pennsylvania · 1940
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