Day v. Zimmerman
Supreme Court of Pennsylvania
March 2d 1871. Before Thompson, C. J., Asnew, Sharswood and Williams, JJ. Read, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 449,.to January Term 1870. This was a scire facias in foreign attachment by Peter Zimmerman against Israel L. Day, garnishee of Depue S. Miller; it was issued September 7th 1868. The foreign attachment was issued November 8th 1867 and served the same day.
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March 2d 1871. Before Thompson, C. J., Asnew, Sharswood and Williams, JJ. Read, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 449,.to January Term 1870. This was a scire facias in foreign attachment by Peter Zimmerman against Israel L. Day, garnishee of Depue S. Miller; it was issued September 7th 1868. The foreign attachment was issued November 8th 1867 and served the same day. Judgment was entered against the defendant Miller on the 20th of June 1868 and the damages assessed at $416.83. Interrogatories were filed October 17th 1868 and answers November 7th. The…
1Opinion of the Court
The opinion of the court was delivered,
by Williams, J.
The law is well settled, that a promissory note is liable to be attached before maturity in the hands of the maker at the suit of a creditor of the payee. Though not due, it is a debt within the meaning of the Attachment Laws, and, therefore, as between the payee and attaching, creditor, it is bound by the service of the attachment on the maker; and if, after being attached, it remains in the hands of the payee until maturity, it is bound by the attachment as against all persons into whose hands it may thereafter come. But the attachment…
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