Jones v. Langhorne
Supreme Court of Colorado
Error to the District Court of Lake County. In the years 1881 and 1882 the Bank of Leadville, an incorporation, was doing a general banking business in the city of Leadville, and a copartnership, composed, as it is claimed, of the defendant in error, Langhorne, E. L. Campbell, George R. Fisher and J. B. Bissell, were transacting a general banking business at the town of Independence, Colorado, under the firm name of the Bank of Pitkin County.
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Error to the District Court of Lake County. In the years 1881 and 1882 the Bank of Leadville, an incorporation, was doing a general banking business in the city of Leadville, and a copartnership, composed, as it is claimed, of the defendant in error, Langhorne, E. L. Campbell, George R. Fisher and J. B. Bissell, were transacting a general banking business at the town of Independence, Colorado, under the firm name of the Bank of Pitkin County. On the 25th day of July, 1883, the Bank of Leadville made a general assignment to George W. Trimble, and upon the same date, upon an ex parte…
1Opinion of the CourtHayt, C. J.
As a general rule, a garnishee is only liable where the defendant or judgment debtor might have maintained an action against him. There is an exception to this rule in cases of a fraudulent transfer of property to the garnishee, but the principle upon which the exception is based has no application in this case. It follows that, in order to enable plaintiff in error to maintain this proceeding against Langhorne, the defendant in error, it must appear that the judgment debtor, the Bank of Leadville, could have maintained the action against Langhorne, the garnishee. Drake, in his work on…
2Cases cited11 opinions
- Exchange Bank v. FordSupreme Court of Colorado · 1884
- Craig v. SmithSupreme Court of Colorado · 1887
- Dessauer v. KoppinColorado Court of Appeals · 1893
- Sickman v. HaxSupreme Court of Colorado · 1890
- Sauer v. Town of NevadavilleSupreme Court of Colorado · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
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- Green v. GreenSupreme Court of Colorado · 1941
- General Accident Fire & Life Assurance Corp. v. MitchellSupreme Court of Colorado · 1949
- State of Colorado v. Elkins Ex Rel. IrelandSupreme Court of Colorado · 1928
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