Nicholson v. Crook

Robinson, J., delivered the opinion of the Court. This is an attachment by way of execution issued on a judgment recovered by the appellees against George B. Delcher, and laid in the hands of the appellants as garnishees. The facts are simply these: The appellants were in the habit of purchasing and advancing money on drafts drawn by Delcher, and the money on such drafts was sometimes paid to Délcher, and sometimes it was left by him in the hands of the appellants, with the understanding that they were to hold it for the use and benefit of certain persons, named by Delcher at the time, and to be paid to such persons upon the presentation of his checks or orders. After the service of the attachment, money was left by Delcher in the hands of the appellants in the manner above stated ; and which was subsequently paid by them to the parties named by Delcher upon the presentation of his checks.

The question in this appeal is whether the money deposited by Delcher with the appellants under these circumstances, is liable to garnishment at the instance of Delcher’s creditors. In this State the attachment hinds not only the property of the defendant in the hands of the garnishee at the time it is laid, hut also such property as may come into his hands at any time before trial and judgment. First National Bank vs. Jaggers, 31 Md., 38 ; Farmers and Merchants’ Bank vs. Franklin Bank of Balto., 31 Md., 404 . If the money thus deposited with the appellants, in fact belonged to Delcher, it was subject to the attachment served on them as garnishees; and the payment by them subsequently to other parties constitutes no defence in this action. ⁵⁸ (Decided 17th March, 1887.) There is no