Legal Opinion

Franklin Fire Insurance v. West

Supreme Court of Pennsylvania

Decided March 15, 1845PublishedCited by 9 opinions

ERROR to the District Court of the city and county of Philadelphia. West, Oliver & Co. instituted a foreign attachment to June Term 1843 against H. DifFenderfer & Co., and summoned the Franklin Fire Insurance Company as garnishee.

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ERROR to the District Court of the city and county of Philadelphia. West, Oliver & Co. instituted a foreign attachment to June Term 1843 against H. DifFenderfer & Co., and summoned the Franklin Fire Insurance Company as garnishee. The writ of attachment was sued out and served on the 7th March 1843. Judgment was obtained against the original defendants, and this scire facias issued against the garnishee to December Term 1843. Interrogatories were filed by the plaintiffs, and the defendants filed the following answers: 1. That on the 6th March 1841 they executed a policy of insurance in favour…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

A foreign attachment under the Act of 13th June 1836, binds all the estate and effects of the defendant in the possession or charge of the garnishee, or due and owing from him to the defendant, as the case may be, at the time of the service of such writ, or at any other time; and by the 55th section, the garnishee is bound to answer interrogatories to those points; and under the 58th section, if issue be taken and trial had, the jury are to find what goods or effects were in the hands of the garnishee at the time the attachment was…

2Cases cited1 opinion

  1. Boyle v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1844

3Cited by9 opinions

  1. David E. Kennedy, Inc. v. SchleindlSupreme Court of Pennsylvania · 1927
  2. Frazier v. BergSupreme Court of Pennsylvania · 1931
  3. Rankin v. CulverSupreme Court of Pennsylvania · 1931
  4. Gies v. Bechtner & KottmanSupreme Court of Minnesota · 1867
  5. Reid, Murdock & Co. v. MercurioMissouri Court of Appeals · 1902

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