Schnellmann v. Southern Commercial & Savings Bank

• Decision Date: 19 February 1907
• Citation: 100 S.W. 575,123 Mo. App. 188
• Court: Missouri Court of Appeals
• Parties: SCHNELLMANN v. SOUTHERN COMMERCIAL & SAVINGS BANK et al.

100 S.W. 575

123 Mo. App. 188

SCHNELLMANN v. SOUTHERN COMMERCIAL & SAVINGS BANK et al.

St. Louis Court of Appeals. Missouri.

February 19, 1907.

Rehearing Denied March 5, 1907.

GARNISHMENT—PROPERTY SUBJECT TO—JOINT DEPOSITS OF HUSBAND AND WIFE—INTEREST OF WIFE IN DEPOSIT—SUFFICIENCY OF EVIDENCE.

In proceedings by a divorced wife on a judgment of alimony for garnishment of funds deposited in a bank in the joint name of the divorced husband, and a wife to whom he was married subsequent to his divorce, evidence examined, and held to show such an interest in the second wife in the deposit as to protect it from garnishment to pay the first wife's judgment for alimony.

Appeal from St. Louis Circuit Court; Wm. N. Kinsey, Judge.

Garnishment proceedings by Amalia Schnellmann against the Southern Commercial & Savings Bank, in which Mary Schnellmann interpleaded. From a judgment for interpleader, plaintiff appeals. Affirmed.

Kortjohn & Kortjohn, for appellant. Louis A. Steber, for respondent.

BLAND, P. J.

On March 8, 1897, in the circuit court of the city of St. Louis, plaintiff recovered a decree of divorce against her husband, Alois Schnellmann, and an allowance of $600 alimony in gross. On August 24, 1905, an execution was issued on the judgment for alimony, and the defendant the Southern Commercial & Savings Bank was summoned as garnishee. The bank, by its answer, confessed that it had on deposit the sum of $180.90 to the joint credit of Alois and Mary Schnellmann, subject to be drawn upon by checks signed by either of them, and that it did not know whether the money was or was not the separate money of Alois Schnellmann, and asked leave to pay the fund into court, and to go hence with its costs. The court allowed the bank $15 for answering, received the balance of the fund on deposit, and discharged the bank. Mary Schnellmann interpleaded for the fund, and from a judgment in her favor the appeal was taken to this court. Mary and Alois Schnellmann were married in 1901.

The issues were submitted to the court sitting as a jury. The evidence tends to show: That Alois Schnellmann had no property, real or personal, when he married Mary, but that she had $600 in cash and, a short time after the marriage, loaned Alois $200 with which to buy a saloon, situated on Tennessee avenue, in the city of St. Louis. Alois bought the saloon, and run it for some time, but the business was unprofitable, and the saloon was sold for $200, and the money paid to Mary to reimburse her for the loan she had made her husband. After the sale of this saloon, Mary and her husband looked up a location, with the view of starting another saloon, and selected No. 9401 South Broadway, and rented the premises from the Lemp Brewing Company, who paid for a license issued to, and in the name of, Alois Schnellmann. Mary let her husband have $200 to buy the fixtures, furniture, etc., for the...