Adolph Bergman Building & Loan Association v. Blaul

• Decision Date: 25 March 1935
• Docket Number: 231
• Citation: 318 Pa. 126,178 A. 140
• Parties: Adolph Bergman Building & Loan Association v. Blaul et al. (Germantown Trust Company, Appellant)
• Court: Pennsylvania Supreme Court

178 A. 140

318 Pa. 126

Adolph Bergman Building & Loan Association v. Blaul et al. (Germantown Trust Company, Appellant)

No. 231

Supreme Court of Pennsylvania

March 25, 1935

Argued January 30, 1935

Appeal, No. 231, Jan. T., 1935, by Germantown Trust Company garnishee, from judgment of Superior Court, Oct. T., 1934 No. 264, affirming judgment of C.P. No. 3, Phila. Co., Sept. T., 1933, No. 9208, in case of Adolph Bergman Building & Loan Association v. Louis A. Blaul and Mabel L. Blaul, and Germantown Trust Company, garnishee. Judgment reversed with a procedendo.

Attachment execution proceeding.

The opinion of the Supreme Court states the facts.

Rule for judgment for want of sufficient answers to interrogatories made absolute, opinion by DAVIS, P.J. Garnishee appealed. Judgment affirmed by Superior Court. Appeal by garnishee allowed to Supreme Court.

Error assigned was judgment of Superior Court, quoting record.

The judgments entered in the Superior Court and in the common pleas are reversed and the record is remitted with a procedendo.

W. Heyward Myers, Jr., with him Murdoch K. Goodwin, of Morgan, Lewis & Bockius, for appellant.

Samuel Abramson, for appellee.

Before FRAZER, C.J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.

OPINION

MR. JUSTICE LINN:

This appeal is governed by Aarons v. Public Service Building & Loan Association, defendant, Integrity Trust Company, garnishee, this day decided; ante page 113. Mabel Blaul, one of defendants, was indebted to Germantown Trust Company, hereafter called the bank, in the sum of $1,000 on two demand notes of $500 each, one dated January 13, 1932, and the other August 23, 1933, each secured by collateral, and also providing that the bank shall have as additional security a lien upon "all funds, moneys, balances, stocks, bonds, notes and other property" of the maker at any time in the hands of the bank.

On November 24, 1933, plaintiff entered judgment against defendants, and, on January 24, 1934, issued attachment execution, served on the bank as garnishee January 26, 1934. In answers to interrogatories, the bank stated that, when the writ was served, defendant, Mabel Blaul, had $221.68 to her credit in a checking account, and that, by the terms of the notes, the bank claimed a lien on that balance and "that no part of said balance is subject to the writ of attachment herein." The bank also averred that it held, as collateral, three $1,000 bonds specifically described....