Gordin v. Moore
Gordin v. Moore
Opinion of the Court
delivered the opinion of the court.
The theory propounded by the judgment creditor in controverting the answer of the garnishee was that the garnishee had money in his hands, placed there by and belonging to the judgment debtor, for which he had caused a note to be made to his wife with intent to defraud his creditors. If this theory had been estab
It is not controverted by the facts of record that the appellant, Mrs. Gordinj procured the life-insurance policy and paid with her means the premiums on the life-insurance policy from which the money was derived which had been loaned to the garnishee, and for which he had made his note payable to her, nor is it disputed that her husband was made beneficiary in the policy by mistake. There was no law which prohibited her from doing what she did in the premises. The debt which the garnishee owed her could not be subjected by garnishment or otherwise to the payment of her husband's debts.
Reversed.
Reference
- Full Case Name
- E. L. Gordin v. J. R. Moore
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Garnishment. Conclusiveness of answer. Case in judgment. The answer of a garnishee, in response to a garnishment issued upon a judgment, denying any indebtedness to the defendant and the possession of any property belonging to him, must be taken as conclusive unless disproved by the judgment creditor; and proof of the fact that the garnishee owes a note to the wife of the judgment debtor for money received by her upon a policy of insurance whicli was payable to her husband is not sufficient to overthrow such answer, where it appears by the evidence that the policy was made payable to him by a mistake, when it should have been made payable to her, to whom it and its proceeds really belonged.