96 Ga. 532 | Ga. | 1895
The facts necessary to the determination of the questions made in this case may be stated as follows: Mendel, Gosling & Co. brought suit in the superior court of Dodge county, to the March term, 1893, against E. Johnson, and sued out summons of garnishment directed to and served upon Edgar Gentry. He answered, that he had in his hands a check of the Liverpool & London & Globe Insurance Company, for $231.83, payable to the order of E. Johnson and A. B. Small, and which came into his hands under the following circumstances: Cn Januaiy 8th, 1892, said insurance company, through its agents at Eastman, R. D. Gentry & Son, of which respondent was and is a member, issued to E. Johnson an insurance policy, and on August 16th, 1892, a fire occurred, and Johnson made a claim on the insurance company under the policy, which was adjusted for $231.83, for which sum the check was drawn and placed in the hands of respondent for delivery, but had not been delivered when the garnishment was served, and is now held subject to the order of the court. The insurance company was notified that after the fire and before the garnishment was served, the policy was assigned to A. B. Small, but whether or not it was in fact so assigned respondent does not know. No traverse was filed to this answer of the garnishee. Small interposed a claim for the $231.83, and gave a bond to dissolve the garnishment, with B. T. Adams as surety. Judgment was rendered by default in favor of the plaintiffs against E. Johnson, for $117.48 principal,with interest and costs, March 21st, 1893. On March 16th, 1894, no traverse having been filed to the answer of the garnishee, a verdict was rendered in favor of plaintiffs against the claimant Small, and the surety on the bond, for the same amount principal, with interest and costs. Upon this verdict, during the same term, judgment was entered
Judgment reversed.