Lamantia
Guggenhime & Co. v. Lamantia
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…