National Surety Co. v. Winslow
Supreme Court of Minnesota
Paul J. Kalman and George E. Routh, Jr., partners as Paul J. Kalman Company, filed their complaint in intervention in the attachment and garnishment proceedings in the above entitled action in the district court for Ramsey county. The facts are given in the opinion.
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Paul J. Kalman and George E. Routh, Jr., partners as Paul J. Kalman Company, filed their complaint in intervention in the attachment and garnishment proceedings in the above entitled action in the district court for Ramsey county. The facts are given in the opinion. The case was tried before Brill, J., who made findings and as conclusions of law found that the contract of April 38, 1915, did not create an equitable lien upon the money in the Capital Bank, nor upon the money in the hands of Grant, Smith & Company; that the instrument of assignment of. December 37, 1915, .was void as against…
1Opinion of the CourtBrown, C. J.
At the time of the commencement of this action, on December 37, 1915, a garnishee summons was duly issued therein to and subsequently sérved upon the Capital National Bank, a corporation, and Grant, Smith & Company, a copartnership. The bank subsequently disclosed that it Ead in its possession and control belonging to defendant in the action the sum of $957, made up of a 'bank account subject to defendant’s check. The service of the garnishee summons upon Grant, Smith & Company was defective, but when the matter came before the court below there was a waiver of the defect by consent of the…
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