Crudgington v. Hogan
| Decision Date | 13 October 1900 |
| Citation | 58 S.W. 642 |
| Parties | CRUDGINGTON v. HOGAN et al. |
| Court | Tennessee Supreme Court |
Action by J. W. Crudgington against W. J. Hogan, in which the Third National Bank of Knoxville was attached as garnishee. From a decree of the court of chancery appeals modifying a decree of the chancellor in favor of complainant, complainant appeals. Affirmed.
Green & Shields, for appellant. Sansom, Welcker & Parker, for appellees.
This is a garnishment proceeding. Wright obtained a judgment against Hogan for about $200. Parker became stayor of execution. When the stay expired, Hogan borrowed $247, and executed for it his note, with Parker as indorser. It was agreed between Hogan and Parker that enough of the money so borrowed should be used to pay off the judgment on which Parker was bound as stayor. Hogan used $26.98 of the money for his private purposes, and, not being able to find Wright, deposited $220.02 in the Third National Bank of Knoxville. This deposit he made in his name as executor and trustee. In the afternoon of the same day he gave Wright a check for $220.02, the amount of the judgment and costs. This check was not presented by Wright until the next day, and before it was paid or presented, and before banking hours, the bank was garnished by Crudgington, a judgment creditor of Hogan. When the money was borrowed by Hogan, he pledged a note which he held as executor and trustee as collateral for its payment.
The question is whether the funds in the hands of the bank can be held under the garnishment proceeding by complainant, Crudgington. The chancellor held that they could. The court of chancery appeals modified the decree of the chancellor, and held the funds liable only to the extent of three dollars, dividing the costs between the parties. The complainant has appealed, and assigned errors. The errors assigned are in holding that the funds in the hands of the bank were impressed with a trust in favor of Parker, and in further holding that the facts as stated made out a case of equitable appropriation of $220.02 of these funds to the payment of the debt for which it was borrowed. We are of opinion there is no error in the decree of the court of chancery appeals. We leave out of consideration altogether the fact that Hogan, in addition to Parker's indorsement, pledged the note which he held as executor and trustee. The pledge of this note for such a purpose was entirely unauthorized, and no rights could accrue to either...
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J. C. Mahan Motor Co. v. Lyle
... ... " This text ... is supported by citation of numberless authorities, including ... cases from this court. In Crudgington v. Hogan, 105 ... Tenn. 449, 58 S.W. 642, 643, a garnishment case, wherein ... complainant Crudgington, a creditor of Hogan, had issued the ... ...
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JOHN HANCOCK MLI CO. v. FROST NAT. BK., OF SAN ANTONIO, Civ. No. 3-74-176.
...trust in 1966, that gift would be beyond the reach of Frost National Bank in seeking to satisfy its judgment. See Crudgington v. Hogan, 105 Tenn. 448, 58 S.W. 642 (1900). But where a judgment debtor makes an appropriation in trust that is revocable, it has been held that this will not defea......
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Gray v. Houck
...§ 336. The creditor can occupy no higher ground than the debtor, in asserting rights against the garnishee. Crudgington v. Hogan, 105 Tenn. 448, 451, 58 S. W. 642. In Shinn on Attachment and Garnishment (1896) vol. 2, § 487, the author says: "It is a rule of universal application that the p......
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Saunders v. Moore
...37 S.W. 140; Beaumont v. Eason, 12 Heisk. 417, 418; Timothy Dry Goods Co. v. Hyde, 5 Tenn.App. 491, 496. The case of Crudgington v. Hogan, 105 Tenn. 448, 58 S.W. 642, cited for plaintiff in error, is not in It results that all of the assignments of error are overruled and the judgment of th......