Industrial Trust, Title & Savings Co. v. Gelman

Smith, P. J.,

— Plaintiff secured judgment by confession against defendant on a bond and warrant of attorney, containing a waiver *369of exemption, for $3035.25, and thereafter issued an attachment sur judgment and summons to the garnishee, the Commercial National Bank. The garnishee admitted in its answer to interrogatories having in its possession the sum of $272.48 belonging to the defendant. The plaintiff thereupon took this rule for judgment for the amount admitted by the garnishee to be due the defendant.

The bond recites:

“And the said Obligor for himself, his heirs, executors, administrators…