Peel v. Farmers' & Merchants' Bank , 1 White & W. 71 ( 1881 )


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  • Opinion by

    Hurt, J.

    § 180. Garnishee; not liable on negotiable note, unless, etc. It is impossible to charge the garnishee as the debtor *72of the defendant, unless it appear affirmatively that at the time of the garnishment the defendant had a cause of action against him for the recovery of a legal debt due or to become due by afflux of time. Thus, where the garnishee answered that he had executed to the defendant a negotiable promissory note, upon which he still owed a balance, it devolved upon the plaintiff to prove, in order to hold the garnishee liable, that the note had been transferred by the defendant before the service of the writ of garnishment. [Drake on Attach. § 575; Bassett v. Garthwaite, 22 Tex. 230; Iglehart v. Moore, 21 Tex. 501.]

    Beversed and remanded.

Document Info

Docket Number: No. 1574, Op. Book No. 3, p. 660

Citation Numbers: 1 White & W. 71

Judges: Hurt

Filed Date: 3/19/1881

Precedential Status: Precedential

Modified Date: 9/2/2021