178 A. 140 | Pa. | 1935
This appeal is governed by Aarons v. Public Service Building Loan Association, defendant, Integrity Trust Company, garnishee, this day decided; ante page 113. Mabel Blaul, one of defendants, was indebted to Germantown Trust Company, hereafter called the bank, in the sum of $1,000 on two demand notes of $500 each, one dated January 13, 1932, and the other August 23, 1933, each secured by collateral, and also providing that the bank shall have as additional security a lien upon "all funds, moneys, balances, stocks, bonds, notes and other property" of the maker at any time in the hands of the bank.
On November 24, 1933, plaintiff entered judgment against defendants, and, on January 24, 1934, issued attachment execution, served on the bank as garnishee January 26, 1934. In answers to interrogatories, the bank stated that, when the writ was served, defendant, Mabel Blaul, had $221.68 to her credit in a checking account, and that, by the terms of the notes, the bank claimed a lien on that balance and "that no part of said balance is subject to the writ of attachment herein." The bank also averred that it held, as collateral, three *128 $1,000 bonds specifically described. A rule for judgment for want of sufficient answers, was made absolute for $221.68, the amount of the credit in the checking account.
In the opinion filed in the common pleas, it was said that while the contracts gave "the garnishee a lien upon the deposit account," the bank's failure "to exercise its right to call the loan raises the question of estoppel." The same view, as we understand it, was taken by the Superior Court (
The judgments entered in the Superior Court and in the common pleas are reversed and the record is remitted with a procedendo.