11 Neb. 431 | Neb. | 1881
This is a controversy between the plaintiff in error and the Farmers’ and Merchants’ Bank of York, as garnishee of L. J. Gandy. The plaintiff recovered a judgment some time ago against the said Lemuel J. Gandy, and having caused an execution to be issued, thereon and placed in the hands of the sheriff of York county, also sued out a process of garnishment against the Farmers’ and Merchants’ Bank of York county as a debtor of the said Lemuel J. Gandy. The bank appeared by its assistant cashier and made the following disclosure:
¥m. A. Sharrar, sworn on the part of the plaintiff, says in answer to garnishee heretofore served on him, I am assistant cashier of the Farmers’ and Merchants’ Bank of York, York county, Nebraska, am well acquainted with the defendant, Lemuel J. Gandy.
Q. State, Mr. Sharrar, if the Farmers’ and Merchants’ Bank is indebted to Mr. Lemuel J. Gandy ?
A. Yes, sir, not indebted to Mr. Gandy.
Q. Has Mr. Gandy left money at the Bank ?
A. Yes, he left money there.
Q. When ?
A. First date.
Q. How was that money left there?
A. As the money of York county, by L. J. Gandy, as county treasurer.
Q. How much money was left there? .
It is here admitted by the plaintiff and Lemuel J. Gandy, defendant, that there is now, and was at the time of the service of the writ of garnishment, money enough in the possession of the Farmers’ and Merchants’ Bank to pay the judgment of plaintiff, and not less than fifteen hundred dollars. That said amount of money, not less than $1,500, so in the possession of
Q. Were the funds subject to the check of L. J. Gandy, county treasurer ?
A. Yes, sir, his check as county treasurer.
Q. Was it subject to his personal or private check?
A. No, sir.
It thus appears that Mr. Gandy, the county treasurer, had deposited fifteen hundred dollars of the money which he had received from the tax payers of the county in the Farmers’ and Merchants’ Bank. By means of the process of garnishment, the district court was called upon to define the status of the money thus deposited, or rather the relationship assumed by the said Farmers’ and Merchants’ Bank towards individuals and the public by accepting such money as a general deposit, and placing it among its own funds. As I understand it, that court decided that this money still remained public funds although deposited in a private bank and probably paid out to its customers. Or, in other words, that by virtue of the making of the said deposit, the Farmers’ and Merchants’ Bank became the debtor of York county and not of Mr. Gandy. In the case of The State v. Keim, cited by counsel on either side, this court sought to express the very opposite of such conclusion as applied tó a deposit of state money made by the state treasurer in a bank, and I know of no difference in this regard between state and county funds. We there stated upon authorities cited, that the depositing of money, generally, in
Reversed and remanded.