Socony-Vacuum Oil Co. v. C. M. Johnston & Sons Sand & Gravel Co.

VAN VALKENBURGH, Circuit Judge.

This case arises out of an attachment by garnishment under which judgment was entered against the garnishee, appellant-herein, in the sum of $1,385.10. For convenience we shall adopt the names of the parties as referred to in the brief of appellant, to-wit: The appellant garnishee as “Socony”, the appellee-creditor as “Johnston”, and the judgment debtors as “Elliotts”.

At the time of the service of the summons in garnishment the Elliotts were contractors engaged in the construction for Socony of a tow-boat and four oil barges for river service, to be delivered to…