Steineck v. Haas-Baruch Co.

GATES, J., pro tem.

This is a suit to recover money which appellant contends had been attached while in the possession of a garnishee, respondent herein. The cause was submitted to the trial court upon a written stipulation of facts.

One Simon, prior to March, 1924, was the owner of a certain grocery store, stock and fixtures. On February 28, 1924, he sold the store to E. L. Simmons and gave the customary notice of sale. Between February 28th and March 10th of the same year respondent received $2,500 in trust to pay creditors of Simon, as the purchase price of said groceries and fixtures. On…