59 Pa. 361 | Pa. | 1868
The opinion of the court was delivered, November 16th 1868, by
The Allegheny Savings Bank, plaintiff in error,
Were the plaintiffs in the attachment execution entitled to a judgment against the bank on its answer to their interrogatories?
The bank, if indebted to Kerwin, was not liable for interest on the amount of its indebtedness between the date of the service of the writ and the entry of the judgment. This point was expressly ruled in Irwin v. The Pittsburg & Connellsville Railroad Co., 7 Wright 488; and it was there held that a garnishee in an attachment execution is not liable for interest on the money in his hands due the defendant thereon, while the action is pending. So far, therefore, as the judgment in this case includes interest on the principal sum, for which it is entered, it is clearly erroneous. But this is not the main question raised by the assignment of error.
Was there such an admission of indebtedness to Kerwin by the bank as to warrant the entry of a judgment for the principal sum included therein ?
It is true that the account annexed to the answer shows that on the 27th of May 1867, the date of the service of the attachment execution, there was a balance against the bank in favor of Kerwin amounting to $1855.30. But this account must be taken in connection with the cashier’s answer. In his answer to the 3d interrogatory he says:
“There was a balance of $762.10 in his (Kerwin’s) favor on the 25th day of May 1867; and on the 27th day of'May 1867 he deposited money and checks of other persons, on different banks, amounting to $6421.20, and immediately drew a check in favor of A. Crane for $5328, which was paid; and which left a balance to his credit when the attachment was served of $1855.30.”
If the answer had stopped here the judgment, so far as it is for this balance, would have been clearly right. But the answer proceeds as follows:
“ In the deposit of $6421.20 was a cheek of Hugh Richardson, on the Union National Bank of Pittsburg, for $2500, payable to John Kerwin or bearer, which was protested for non-payment, and which remains in our possession unpaid to-day, which leaves John Kerwin indebted to this bank $644.70, until Richardson’s cheek is paid.”
Now, taking the whole answer together, and giving it a reason
We are of the opinion that the answer in this case does not contain such a clear and distinct admission of indebtedness by the bank to Kerwin as would warrant the entry of a judgment
Judgment reversed, and procedendo awarded.