American Exp. Co. v. Vella
| Decision Date | 16 March 1967 |
| Docket Number | No. A--208,A--208 |
| Citation | 227 A.2d 721,94 N.J.Super. 258 |
| Parties | AMERICAN EXPRESS COMPANY, an unincorporated association, Plaintiff-Respondent, v. Charles VELLA and Maria Vella, Defendants, River Edge Savings and Loan Association, Appellant. |
| Court | New Jersey Superior Court — Appellate Division |
Ronald M. Sturtz, Newark, for respondent (Hannoch, Weisman, Stern & Besser, Newark, attorneys).
Before Judges CONFORD, FOLEY and LEONARD.
River Edge Savings and Loan Association appeals from an order of the Law Division directing it, as garnishee, to turn over to plaintiff the sum of $8,895.34 plus interest, such funds being part of a savings account in the names of Charles and Maria Vella, judgment debtors of plaintiff.
Appellant argues that the levy under the writ of attachment was invalid because the passbook was not seized nor its negotiation enjoined. We cannot agree.
The levy was proper under R.R. 4:77--12, with particular reference to the (e) section of the rule. The passbook was not negotiable commercial paper, nor negotiable investment securities--(c) and (d) of the same section.
Appellant argues also that since the passbook was In custodia legis it was not subject to levy. This may be so. However, the savings account itself was not In custodia legis but was a Chose in action in which the Vellas had a subsisting interest. It was therefore subject to levy.
Affirmed.
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Citibank, South Dakota, N.A. v. Coffey
...and inefficient. See, American Express Co. v. Vella, 92 N.J.Super. 380, 382-383, 223 A.2d 515 (Law Div.1966), affirmed, 94 N.J.Super. 258, 227 A.2d 721 (App.Div.1967) ("There is no necessity for any additional suit where there is no dispute that the money was attached ..."); Piechowski v. M......
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Sylvan Equipment Rental Corp. v. C. Washington & Son, Inc.
...mistakenly returned to a defendant debtor. American Express Co. v. Vella, 92 N.J.Super. 380, 223 A.2d 515 (Law Div.1966), aff'd, 94 N.J.Super. 258, 227 A.2d 721. The applicable statute provides: A writ of execution issued out of the Superior Court, Law Division, Special Civil Part shall rem......
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American Express Co. v. Vella
...Court of New Jersey. May 2, 1967. On petition for certification to Appellate Division, Superior Court. See same case below: 94 N.J.Super. 258, 227 A.2d 721. Major & Major, Hackensack, for Hannoch, Weisman, Stern & Besser and Ronald M. Sturtz, Newark, for respondent. Denied. ...