31 Md. 404 | Md. | 1869
delivered the opinion of the Court.
In regard to the facts upon which the prayers of both parties were based, there seems to be no dispute; and upon the hypothesis that the credit attached belonged to Mitchell and Oliver, two of the defendants in the attachment, the Court below instructed the jury that it was competent to the garnishee to appropriate such credit to the payment of a debt against the defendants, which had been contracted before, but did not fall due until after the laying of the attachment, and before trial. And in thus instructing the jury, we think the Court did not err.
"What, then, were the rights of the garnishee in respect of the fund attached, if it had been sued for by the defendants, Mitphell and Oliver ? As against them, there could be no question of the right of the bank to retain the amount on deposit to their credit in part payment of the debt against them, provided such debt was due and payable to the bank at the time of trial. 7 Gill & John., 138 ; 8 Gill & John., 218; 2 Har. & John., 77; 6 Md., 51. The only question, therefore, is whether the attachment having been laid on the 11th of May, 1867, and the note then held by the bank against the defendants for $4,500 not maturing until the 17th of June, 1867, the garnishment so affected the fund, or changed the relation of parties, as to defeat the right of set-off which would have been complete as against the defendants on the maturity of the note. We think not.' Eor though the note was not due at the time of garnishment, and was not, therefore, actionable, it was, nevertheless, an existing debt, payable at a future time, and becoming due before trial, was good matter of set-off, as well against the attaching creditor as against his debtor.
This right of set-off or discharge, as against the attach
The instruction of the Court, based as it was upon the hypothesis contended for by the appellants, that the money attached belonged to the defendants, and was, therefore, attachable, is decisive of the case, and it consequently becomes unnecessary to refer to the other propositions discussed in argument.
Judgment affirmed.