Lindsay v. Continental National Bank
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Pembroólc B. Flitcraft, Judge. (1) The garnishee having treated the deposit as belonging to Brooks (and having paid it to him since the garnishment), can not set up an outstanding, right in third persons who are not parties to this proceeding or claimants of the fund.
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Appeal from the St. Louis City Circuit Court. — Hon. Pembroólc B. Flitcraft, Judge. (1) The garnishee having treated the deposit as belonging to Brooks (and having paid it to him since the garnishment), can not set up an outstanding, right in third persons who are not parties to this proceeding or claimants of the fund. This may be done by the attaching creditor of the true owner, or by the true owner himself, but not by the' garnishee in the absence of any notice of claim and assertion of right by such true owner. Citizens Bank v. Alexander, 120 Pa. St. 476, 484; Bank v. Mason, 95 Pa. St.…
1Opinion of the CourtBiggs, J.
The plaintiff Lindsay is the owner of a judgment against Tudor E. Brooks. An execution was ■ issued on this judgment and the Continental Bank of St. Louis was summoned as garnishee. In the denial of the answer of the garnishee Lindsay averred that at the time of the service of the garnishment Brooks had on deposit in said Bank the sum of $814.22. This was denied by the bank in its reply. By consent of parties there was a reference in the case. On the trial before the referee, Lindsay introduced evidence tending to prove that at the time the garnishment was served the aforesaid sum was…
2Cases cited9 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Eyerman v. Second National BankMissouri Court of Appeals · 1883
- Eyerman v. Second National BankSupreme Court of Missouri · 1884
- Ihl v. Bank of Saint JosephMissouri Court of Appeals · 1887
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3Cited by4 opinions
- Potter v. WhittenMissouri Court of Appeals · 1913
- Sparrow v. State Exchange BankMissouri Court of Appeals · 1903
- Taylor v. DollinsMissouri Court of Appeals · 1920
- Shelton v. CookseyMissouri Court of Appeals · 1909