Thomas Roberts Stevenson Co. v. Guenther
Supreme Court of Pennsylvania
Appeal, No. 13, Jan. T., 1898, by garnishee, from judgment of C. P. No. 2, Phila. Co., March T., 1896, No. 941, on verdict for plaintiff. Attachment execution. Before Wiltbank, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions in favor of the plaintiff. Verdict and judgment for plaintiff against garnishee for $2,902.15. The garnishee appealed. Error assigned was the instruction of the court.
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Appeal, No. 13, Jan. T., 1898, by garnishee, from judgment of C. P. No. 2, Phila. Co., March T., 1896, No. 941, on verdict for plaintiff. Attachment execution. Before Wiltbank, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions in favor of the plaintiff. Verdict and judgment for plaintiff against garnishee for $2,902.15. The garnishee appealed. Error assigned was the instruction of the court. The attaching creditor stands in the shoes of his debtor, and any credits that could be set off against the latter are equally available against the former. The…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Guenther & Curtis confessed ajudgment to the Thomas Roberts Stevenson Company in the sum of $7,500. The latter issued an attachment sur judgment, and summoned Morrow as garnishee. The answers of the garnishee to the interrogatories filed denied that he was indebted to Guenther & Curtis in any sum whatever. Issue was joined on his plea of nulla bona and it resulted, by direction of the court, in a verdict and judgment against him of $2,902.15. The sole question determinable on the trial of the issue was whether the garnishee at the time of the service of the…
2Cited by1 opinion
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