156 Iowa 1 | Iowa | 1912
The plaintiff sued on assignments of wages to be earned in the future by men in the employ of the defendant railway company; the assignments having been made to the plaintiff to secure indebtedness to him. All of the men making these assignments entered into the employ of the railway, company under written contracts, the material p-art of which is as follows: “In consideration of my being employed by the Chicago, Milwaukee & St. Paul Railway Company, and to enable me to receive credit for board, meals and lodging while I am in its employ, I hereby agree and consent that the, said Chicago, Milwaukee & St. Paul Railway Company may deduct and
The defendant pleaded that it was necessary, and for many years had been the custom of defendant, to secure credit for its employees engaged in the operation of its trains to enable them to secure meals, meal tickets, board, and lodging while away from home and engaged in_ the line of their employment; that arrangements were made whereby employees could secure meal tickets, board, and lodging, etc.; and that the contracts set out herein were made with employees, including those making the assignments to the plaintiff. The assignments in question were all made after the contracts with the defendant were entered into by the assignors thereóf, 'and notice of such assignments were left 'with the defendant’s local agent at Perry. Pursuant to its contract with -the employees 'in question, the defendant paid their bills, and deducted the- amounts thereof from their wages -as long as they continued in its employ. Th'e evidence shows that tibíese employees did not intend that their assignments to the plaintiff should act as a revocation of authority given the defendant in their contracts, because they still relied upon the defendant to secure them board and lodging and requested that deductions from their wages be made therefor. Whether these contracts be designated assignments of so much of the wages of the employees as was necessary to feed and house the employees when away from home in the service of the company, or whether they be termed contracts under which the defendant had the right to pay the debts of the employee, is not of great importance. In either view of the matter, if it was a valid and enforceable agreement that was acted upon by the defendant, the plaintiff has no right superior to that of the defendant.
*5 If it appears that any goods, chattels, choses in action, credits and effects in the hands of a garnishee are claimed by any other person,. by force of an assignment from the defendant or otherwise, the justice of the peace shall permit such claimant to appear and maintain his right. If he does not voluntarily appear, notice for that purpose shall be issued and served on him in such a manner as the justice shall direct.
If such claimant appears, he may .be admitted as a party to the action, so far as respects his title to the property in question, and may allege and prove any facts necessary to establish his claim to such property; and such allegations shall be tried and determined in the manner hereinbefore provided. If such persons shall 'fail to appear after having been served with notice in. 'the manner directed, he shall be concluded by the judgment in regard to his claim.
There is sufficient proof that this plaintiff received notice of these proceedings in the Illinois court in ample time to have appeared and protected his interest, if h.e so desired. He paid no attention to the matter, however, and judgment was rendered against the defendant and paid.
The Illinois statute provides that notice shall be “issued and served” in “such manner as the justice shall direct.” The justice ordered that notice be served on this plaintiff by mail, and this was done. This was sufficient under the statute.
Affirmed on plaintiff’s appeal, and reversed on the defendant’s .appeal.