Messall v. Suburban Trust Co.

Barnes, J.,

filed the following dissenting opinion, in which McWilliams, J., concurred.

I dissent for two reasons: (1) In my opinion the rule enunciated by the Court in 1869 in Farmers & Merchants Bank v. Franklin Bank, 31 Md. 404, that the garnishee’s right of set-off extends to the time of trial was incorrect when decided, was unsupported by the authorities cited, is inconsistent with the rule established in subsequent decisions of this Court, is contrary to' the great weight of authority in other jurisdictions, is contrary to a sound public policy and should now be overruled by this Court,…