Huff v. Citizens' Nat. Bank

• Decision Date: 01 May 1911
• Citation: 137 S.W. 802
• Parties: HUFF v. CITIZENS' NAT. BANK et al.
• Court: Arkansas Supreme Court

137 S.W. 802

HUFF v. CITIZENS' NAT. BANK et al.

Supreme Court of Arkansas.

May 1, 1911.

Appeal from Circuit Court, Garland County; W. H. Evans, Judge.

Consolidated garnishment actions by the Citizens' National Bank and by T. J. O'Neill & Co., copartners, against C. Floyd Huff, garnishee. From a judgment for plaintiffs, the garnishee appeals. Modified and affirmed.

C. Floyd Huff, in pro. per. J. B. Wood, for appellees.

McCULLOCH, C. J.

On March 29, 1909, T. J. O'Neill & Co., copartners, who are appellees here, obtained a judgment in the circuit court of Garland county, for debt due on account, in the sum of $981 against Gertrude Albright, Julius Albright and William Albright; and on April 5, 1909, the Citizens' National Bank, a corporation, also obtained a judgment in said court against the same parties for debt due on promissory note in the sum of $1,200. On June 5, 1909, said judgment creditors sued out writs of garnishment on their respective judgments, summoning appellant, C. Floyd Huff, as garnishee, and on the same day filed affidavits alleging that the said garnishee had in his hands and possession goods, chattels, moneys, credits, and effects belonging to Gertrude Albright, one of said judgment debtors. Interrogatories were also filed at the same time, directed to the said garnishee, and on or before the return day of the writs appellant, as such garnishee, filed his answers, in which he stated that he had in his hands and possession the sum of $1,179.15, which he claimed to hold as trustee for certain creditors of said Gertrude Albright, but that he did not have in his hands or possession any goods, chattels, moneys, credits, or effects belonging to said Gertrude Albright. Subsequently the appellees filed denials of the answers of the garnishee, and denied therein that said funds in the hands of the garnishee belonged to creditors of said Gertrude Albright, but that the same were paid over to the garnishee with the fraudulent purpose of cheating, hindering, and delaying the appellees, as creditors, in the collection of their said debts. Upon the issues thus formed, the two cases were consolidated and trial was had before the court sitting as a jury, and judgment was rendered by the court, finding that said garnishee had in his possession the sum of $1,179.15, the property of said Gertrude Albright, and judgment was rendered in favor of appellee Citizens' National Bank against said garnishee for the sum of $1,179.15, together with interest thereon from the 5th day of March, 1909, also the sum of $19.85 costs adjudged in its action against the said Gertrude Albright, and also all costs...