People's State Bank of Pontiac v. Reckling
| Decision Date | 02 December 1930 |
| Docket Number | No. 19.,19. |
| Citation | 252 Mich. 383,233 N.W. 353 |
| Parties | PEOPLE'S STATE BANK OF PONTIAC v. RECKLING. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Case-Made from Circuit Court, Wayne County; Royal A. Hawley, Judge.
Action by the People's State Bank of Pontiac against Dell B. Loeffler and Enwright W. Reckling, garnishee. Judgment for plaintiff against garnishee, who brings review on case-made.
Reversed without new trial.
Argued before the Entire Bench.Shapero & Shapero, of Detroit (Nelson S. Shapero, of Detroit, of counsel), for appellant.
Jorgensen, Alexander & Matheny, of Detroit (Carl C. Matheny, of Detroit, of counsel), for appellee.
Dell B. Loeffler and Delia B. Loeffler, his wife, owned in fee simple and as tenants by the entirety premises in Detroit. On November 3, 1928, they leased the same to Goetz, who assigned to appellant, Reckling. They leased as husband and wife, both signing the writing, and the rent is payable to them as such.
Plaintiff has a judgment against the husband Dell B. Loeffler, on which it brought garnishment directed to the tenant, Reckling, who had in his hands at the time of service of the writ the sum of $75 due to Loeffler and his wife under the terms of the lease.
Upon trial of the issue the court found the $75 to be a garnishable asset as against Dell B. Loeffler, the husband, and that he, ‘as head of such household, had such right and interest in said rents that a judgment creditor in adversary proceedings can have the same appropriated to his use to pay or apply upon the payment of such judgment.’
Plaintiff had judgment accordingly against Reckling, garnishee defendant, who reviews on case-made.
Act No. 212, Public Acts of 1927, provides:
‘All bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife, or made payable to them as endorsees or assignees, or otherwise, shall be held by such husband and wife in joint tenancy unless otherwise therein expressly provided, in the same manner and subject to the same restrictions, consequences and conditions as are incident to the ownership of real estate held jointly by husband and wife under the laws of this state, with full right of ownership by survivorship in case of the death of either.’
The statute necessitates reversal. See Detroit & Security Trust Co. v. Kramer, 247 Mich. 468, 226 N. W. 234.
Moreover, the test in these cases is whether the defendant might have...
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In re Wylie
...the wording of this 1927 statute has never been amended.7 An early case interpreting this statute is People's State Bank of Pontiac v. Reckling , 252 Mich. 383, 233 N.W. 353 (1930). In that case, the Michigan Supreme Court held that a right to rent proceeds under a written lease was protect......
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U.S. v. Certain Real Property Located at 2525 Leroy Lane, West Bloomfield, Mich.
...Fuel Co. v. Johnson, 338 Mich. 655, 62 N.W.2d 619 (1954), or rents from property held by the entireties, Peoples State Bank of Pontiac v. Reckling, 252 Mich. 383, 233 N.W. 353 (1930); Battjes Fuel & Bldg. Material Co. v. Milanowski, 236 Mich. 622, 211 N.W. 27 (1926). However, although Michi......
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...Fuel Co. v. Johnson, 338 Mich. 655, 62 N.W.2d 619 (1954), or rents from property held by the entireties, Peoples State Bank of Pontiac v. Reckling, 252 Mich. 383, 233 N.W. 353 (1930); Battjes Fuel & Bldg. Material Co. v. Milanowski, 236 Mich. 622, 211 N.W. 27 (1926). However, although Michi......
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...Michigan, if ever it was. Battjes Fuel & Building Material Co. v. Milanowski, 236 Mich. 622, 211 N. W. 27; People's State Bank of Pontiac v. Reckling, 252 Mich. 383, 233 N. W. 353; American State Trust Co. v. Rosenthal, 255 Mich. 157, 237 N. W. 534; Bankers' Trust Co. v. Humber, 264 Mich. 7......