Raffo

Action brought to recover the sum of $1500 from defendants Foltz and Smallpage, which sum, it is alleged, defendants refused to pay over when an execution was levied.

December 21, 1926, an agreement was entered into by Charles N. Newman and Celia Newman, his wife. This was a separation agreement. Paragraph 17 of. this agreement provided as follows:

January 13, 1927, John Raffo, appellant herein, commenced suit against Celia Newman, through his attorney, A. H. Carpenter, praying for a judgment in the sum of fifteen hundred ($1500) dollars costs and interests (such amount by coincidence being the same amount as the fund above set forth), upon an alleged cause of action on a promissory note signed by Celia Newman, the consideration of which was alleged to be money loaned by Raffo to her. On that date attachment was issued in the action and served with notice of garnishment on defendants Foltz and Small- page. Smallpage at that time held in his possession three five hundred (500) dollar investment certificates in Stockton Morris Plan Company in which he had invested the fifteen hundred ($1500) dollars. He refused to surrender these certificates to the sheriff and retained possession…