Lamantia

Guggenhime & Co. v. Lamantia

Good Law
1929 Cal. LEXIS 465·207 Cal. 96·276 P. 995
Supreme Court of CaliforniaApril 22, 1929Docket No. S.F. 12752.California1,728 words

Opinion

Lead Opinion

Seawell, J.

This is an action of interpleader brought by Guggenhime & Co., a corporation, to determine the rights of defendants Nelson S. Carman and the Armstrong Estate, adverse claimant, to the sum of $744.40, in the possession of plaintiff as the balance remaining unpaid on the price of dried prunes purchased by said Guggenhime & Co. from defendant John Lamantia, of whom the other defendants are creditors. The court below gave judgment in favor of defendant Nelson S. Carman for said sum of $744.40, from which judgment the Armstrong Estate prosecutes this appeal.

Defendant Nelson S. Carman is a judgment creditor of Lamantia. .Said Carman garnished all moneys due from Guggenhime & Co. to Lamantia by writ of attachment issued on September 24, 1926, and procured a writ of execution to be levied on said moneys on October 19, 1926, in pursuance of a judgment for $1,000 recovered on October 14, 1926. Defendant Armstrong Estate is the holder of an order for $1593 drawn by Lamantia upon Guggenhime & Company in favor of the Armstrong Estate prior to the issuance of said writ of attachment. Said company paid $800 on said order on September 7th, before the garnishment of Guggenhime & Company by…

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