American Trust & Savings Bank v. O'Barr
Alabama Court of Appeals
Assumpsit. Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. G. E. O’Barr sued one Turner in attachment, with garnishment to the Mitchell Mountain Coal & Iron Co., and the American Trust & Saying Bank, assignee of Turner, claimed the fund. There was judgment for plaintiff and the claimant appeals.
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Assumpsit. Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. G. E. O’Barr sued one Turner in attachment, with garnishment to the Mitchell Mountain Coal & Iron Co., and the American Trust & Saying Bank, assignee of Turner, claimed the fund. There was judgment for plaintiff and the claimant appeals. The court erred in overruling claimants demurrers to plaintiff’s replication. — Monntam v. Whitman, 103 Ala. 630; Little v. Sterne, 125 Ala. 609; Warren v. Hunt, 114 Ala. 506; Pratt L. & I. Go. v. McClain■, 135 Ala. 452. As to what property is subject to garnishment, see the…
1Dissent
BROWN, J.—
(dissenting). — The transfer of the chose in action from Turner, the defendant, to the American Trust & Savings Bank is absolute in form on a recited consideration of “one dollar and other valuable and sufficient consideration in hand paid.” The evidence shows without dispute that the sole purpose of the transfer was to secure an indebtedness due from Turner to the bank, and for which the bank held his obligation, that the effect of the transfer was not to satisfy the indebtedness of Turner, bnt to secure an existing indebtedness and to secure any future advances in money that the…
2Cases cited8 opinions
- Sims v. GainesSupreme Court of Alabama · 1879
- Bryant v. YoungSupreme Court of Alabama · 1852
- Sandlin v. RobbinsSupreme Court of Alabama · 1878
- Roden & Co. v. Norton & Co.Supreme Court of Alabama · 1900
- Hill v. RutledgeSupreme Court of Alabama · 1887
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