Bank v. Gandy

• Decision Date: 07 July 1881
• Citation: 9 N.W. 566,11 Neb. 431
• Parties: BANK v. GANDY.
• Court: Nebraska Supreme Court

11 Neb. 431

9 N.W. 566

BANK

v.GANDY.

Supreme Court of Nebraska.

Filed July 7, 1881.

Error from York county.

France & Sedgwick, for plaintiff,

W. T. Scott, for defendant.

COBB, J.

This is a controversy between the plaintiff in error and the Farmers' & Merchants' Bank of York, as garnishee of L. J. Gandy. The plaintiff recovered a judgment some time ago against the said Lemuel J. Gandy, and having caused an execution to be issued thereon and placed in the hands of the sheriff of York county, also sued out a process of garnishment against the Farmers' & Merchants' Bank of York county, as a debtor of the said Lemuel J. Gandy. The bank appeared, by its assistant cashier, and made the following disclosure: “William A. Sharrar, sworn on part of plaintiff, says, in answer to garnishee heretofore served upon him: I am assistant cashier of the Farmers' & Merchants' Bank of York, York county, Nebraska; am well acquainted with the defendant Lemuel J. Gandy. Question. State, Mr. Sharrar, if the Farmers' & Merchants' Bank is indebted to Mr. Lemuel J. Gandy? Answer. Yes sir; not indebted to Mr. Gandy. Q. Has Mr. Gandy left money at the bank? A. Yes, he left money there. Q. When? A. First date.(?) Q. How was that money left there? A. As the money of York county, by L. J. Gandy, as county treasurer. Q. How much money was left there? It is here admitted by the plaintiff and Lemuel J. Gandy, defendant, that there is now, and was at the time of the service of the writ of garnishment, money enough in the possession of the Farmers' & Merchants' Bank to pay the judgment of plaintiff, and not less than $1,500. That said amount of money, not less than $1,500, so in the possession of said Farmers' & Merchants' Bank, was deposited there as the money of York county by defendant, L. J. Gandy, as treasurer of said York county, and was subject to the check of L. J. Grandy as treasurer of York county, and that such funds were collected by said Gandy as treasurer of York county, and deposited in said bank by him as such treasurer for safe-keeping. Q. Were the funds subject to the check of L. J. Gandy, county treasurer? A. Yes, sir; his check as county treasurer. Q. Was it subject to his personal or private check? A. No, sir.”

It thus appears that Mr. Gandy, the county treasurer, had deposited $1,500 of the money, which he had received from the tax payers of the county, in the Farmers' & Merchants' Bank. By means of the process of garnishment the district court was called upon to define the status of the money thus deposited, or rather the relationship assumed by the said Farmers' & Merchants' Bank towards individuals and the public by accepting such money as a general deposit, and placing...