Pettey v. Dunlap Hardware Co

• Decision Date: 10 August 1896
• Citation: 99 Ga. 300,25 S.E. 697
• Parties: PETTEY. v. DUNLAP HARDWARE CO.
• Court: Georgia Supreme Court

25 S.E. 697

99 Ga. 300

PETTEY.

v.DUNLAP HARDWARE CO.

Supreme Court of Georgia.

Aug. 10, 1896.

Injunction—Garnishment—Remedy at Law.

1. Money deposited in a bank to the credit of "P., agent, " could be reached by a garnishment served upon the bank at the instance of a creditor of P.; and if the bank knew the creditor's contention was that this money in fact belonged to P. individually, and not to another for whom he claimed to act as agent in making the deposit, it could not, except at its peril, pay over the money to the alleged principal; and, this being so, there was no occasion in such case for the creditor to obtain an injunction to prevent the bank from so doing, although the debtor was insolvent.

2. it appearing at the hearing of an application for such an injunction that the bank had answered, denying indebtedness, and that its answer had been traversed, the injunction should' have been denied, the plaintiff's remedy at law under the garnishment proceeding being ample and complete.

(Syllabus by the Court.)

Error from superior court, Bibb county; W. H. Felton, Jr., Judge.

Action by the Dunlap Hardware Company against W. B. Pettey. From the judgment, defendant brings error. Reversed.

Estes & Jones, for plaintiff in error.

Dasher, Park & Gerdine, for defendant in error.

PER CURIAM. Judgment reversed.