11 Haw. 202 | Haw. | 1897
OPINION OP THE COURT BY
This case comes here on plaintiff’s exceptions to the judgment of the Circuit Court discharging the garnishee, that court having tried the case jury waived on the garnishee’s appeal from the District Court.
The garnishee was manager of the Hawaiian Tramways Company. The defendant was driver on one of the cars of the company. The driver had in his possession $25 of the company’s money for use in making change with passengers. The company owed the driver $12 wages. The only question now raised is whether the company could be held as garnishee in respect of the $12 owed the driver. The question whether the company, instead of its manager, should have been made garnishee, is waived.
The plaintiff argues that, as the defendant held the $25 as bailee and claimed the $12 in his own right, the garnishee could
The exception is overruled.