Doggett v. St. Louis Marine & Fire Insurance
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. Doggett, having recovered judgment against Meyer before a justice of the peace, for an amount within his jurisdiction, caused the St. Louis Marine and Eire Insurance Company to be summoned as garnishee on the execution.
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Appeal from St. Louis Law Commissioner’s Court. Doggett, having recovered judgment against Meyer before a justice of the peace, for an amount within his jurisdiction, caused the St. Louis Marine and Eire Insurance Company to be summoned as garnishee on the execution. The secretary appeared and answered that Meyer effected an insurance in the company to the amount of $600, upon property which was afterwards, and during the continuance of the policy, destroyed by fire ; that a claim for the loss was presented by Meyer on the 3d of June, 1852, and allowed on the 9th of August, 1852 ; that on the…
1Opinion of the CourtGamble, Judge
But two questions have been presented for consideration in this case : 1. Whether, when a garnishee summoned on a Ji. fa., answers, admitting his indebtedness to the defendant, but alleging that the debt is claimed by an assignee of the defendant, an issue can be made between the plaintiff and the garnishee, to try the question of fraud in the assignment, so as to make the garnishee liable to a judgment in favor of the plaintiff, if the assignment is found to be fraudulent. 2. Whether a justice has jurisdiction to render judgment against a garnishee, when it appears that his indebtedness to…
2Cases cited1 opinion
- Van Winkle v. M'KeeSupreme Court of Missouri · 1842
3Cited by8 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Potter v. WhittenMissouri Court of Appeals · 1913
- Byrd v. HaulCourt of Appeals for the Eighth Circuit · 1912
- Joseph, Nelke & Co. v. BoldridgeMissouri Court of Appeals · 1891
- Turner v. AdamsSupreme Court of Florida · 1897
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