Ealer v. McAllister & Co.

The first of these suits (which are submitted together) is upon *822defendant’s acceptance of a draft in favor of L. L. Ealer, and endorsed in blank by the payee.

The defendant admits the signature of the acceptance, but pleads specially that he has been served with garnishment process under a fieri facias issued by a court in St. Louis, Missouri, (where both parties reside,) upon a judgment obtained against one Henry A. Ealer, who is the real holder and owner of the accepted draft sued on; and that defendant is in danger of having to pay the said acceptance twice.

If this be so, the defendant is…