Mueth v. Schardin
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. cited: Weil v. Tyler, 38 Mo. 545 ; Karns v. Pritchard, 36 Mo. 135. cited: NeuerY. O’Fallon, 18 Mo. 277 ; Pellingal v. Androscoggin, etc., Co., 51 Me. 370; Foivler et al. v. Pittsburg & Ft. Wayne JR. Co., 35 Pa. St. 22 ; McGraw v. Mobile & Ohio-JR. Co., 5 Coldw. 434.
1Opinion of the Court
Bakewell, J.,
delivered tbe opinion of the court.
This record presents for our determination the single question whether money in the hands of a treasurer of a private corporation can be attached in his hands at the suit of a creditor of the corporation.
The possession of the treasurer is the possession of the corporation debtor itself; and, as the property to be reached by garnishment must be in the hands of a person other than the debtor, and one cannot be summoned as garnishee of himself, it seems quite clear, from reason, that the money of the corporation in the hands of its treasurer cannot…
2Cases cited1 opinion
- Pettingill v. Androscoggin R. R.Supreme Judicial Court of Maine · 1863
3Cited by1 opinion
- Mayo v. HansenWisconsin Supreme Court · 1896