Legal Opinion

Universal Marketing & Entertainment, Inc. v. Bank One of Arizona, N.A.

Court of Appeals of Arizona

Decided August 29, 2002No. 1 CA-CV 01-0004PublishedCited by 18 opinions

1Opinion of the Court

OPINION

FIDEL, Judge.

¶ 1 When a judgment creditor, after initiating a garnishment against the unrestricted bank account of its judgment debtor, is informed that the judgment debtor does not own the bulk of the funds within the account and merely holds them to accomplish a transaction on behalf of another, does the creditor subject itself to liability for conversion if it completes the garnishment and refuses to return the funds to their asserted owner? We answer that question in this appeal.

Background

¶2 Universal Marketing and Entertainment, Inc., appeals from a judgment dismissing its…

2Cases cited11 opinions

  1. Fidelity Security Life Insurance v. StateArizona Supreme Court · 1998
  2. Houston National Bank v. BiberCourt of Appeals of Texas · 1981
  3. Autoville, Inc. v. FriedmanCourt of Appeals of Arizona · 1973
  4. Bernardini v. Central National BankSupreme Court of Virginia · 1982
  5. Stokes v. StokesCourt of Appeals of Arizona · 1984

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Lockerby v. SierraCourt of Appeals for the Ninth Circuit · 2008
  2. Case Corp. v. GehrkeCourt of Appeals of Arizona · 2004
  3. Koss Corp. v. American Express Co.Court of Appeals of Arizona · 2013
  4. Jean Reidhead v. Joseph MeyersCourt of Appeals for the Ninth Circuit · 2012
  5. Alvarez v. Seahorse, Inc. and Shao WalkerDistrict Court, Northern Mariana Islands · 2017

13 more not listed; retrieve them via the Exa API.

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