Planters & Merchants Bank of Mobile v. Leavens
Supreme Court of Alabama
EkRou to the Circuit Court of Mobile. In this case, which was commenced by original attachment, by the defendant in error, against the firm of Green & Co., the plaintiff in error Was summoned as garnishee, the direction being to 'summon the President and Cashier of the Bank.
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EkRou to the Circuit Court of Mobile. In this case, which was commenced by original attachment, by the defendant in error, against the firm of Green & Co., the plaintiff in error Was summoned as garnishee, the direction being to 'summon the President and Cashier of the Bank. The President and Cashier answered on oath, stating in substance 't-hat Sidney Green, one of the defendants, was the owner of five Ciares in the capital stock of the Hank, and that a dividend of fifteen dollars hadbeen declared thereon and stood to his credit on the books of the Bank. Upon these answers the Court rendered…
1Opinion of the CourtOrmond, J.
Without deciding whether a corporation aggregate is subject to the process of garnishment, it is clear that the Bank has never appeared and answered in this case. Such answer could only be made under its common seal, by authority of its executive officer. The individual answers of the President and Cashier, under oath, cannot bind the Corporation. See the Branch Bank of Mobile v. Poc, 1 Ala. Rep. 396.
But, independent of this objectionyCock held by a'n individual in an incorporated company, being a mere chose in action, *755cannot bo subjected to tbo payment of his debts/by process of garnishment.…
2Cases cited1 opinion
- Branch Bank v. PoeSupreme Court of Alabama · 1840
3Cited by3 opinions
- Foster v. PotterSupreme Court of Missouri · 1866
- Steiner Bros. v. First National BankSupreme Court of Alabama · 1896
- Chicago Crayon Co. v. PeaseAppellate Court of Illinois · 1908