Carter

Carter v. Los Angeles Nat'l. Bank

Good Law
116 Cal. 370·1897 Cal. LEXIS 554·48 P. 332
Supreme Court of CaliforniaMarch 30, 1897L. A. No. 179California1,163 words

Opinion

Lead Opinion

Temple, J.

Plaintiff brought suit against the Richardson-Kimball Company, garnisheed the defendant, on attachment, and afterward recovered judgment against the Richardson-Kimball Company. An execution was issued against the Richardson-Kimball Company upon which plaintiff realized a portion of his debt, but left seven hundred and seventy-seven dollars andthirty-five cents still due and unpaid.

At the time the notice of garnishment was served the defendant had in its possession certain notes due the Richardson-Kimball Company, which it held as collateral. Subsequent to the attachment, but prior to the bringing of this suit, defendant had collected upon the securities which it so held enough to satisfy its der mand against the Richardson-Kimball Company, and thirteen hundred and fifty-six dollars and twenty-two cents over and above its demand. Defendant answered, admitting such facts, and stating that other parties were asserting claims to the money in its hands, and asking that they be brought in, and that the court determine to whom the money should be paid. There *372 after, the appellant intervened. The court held that plaintiff was entitled to the money. The appeal is from the judgment,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.