Anderson v. Garrison

Washington Supreme Court
Anderson v. Garrison, 86 Wash. 307 (Wash. 1915)
150 P. 419; 1915 Wash. LEXIS 994

Anderson v. Garrison

Opinion of the Court

Per Curiam.

Appeal from a judgment entered against Erickson Construction Company, garnishee defendant. The only question involved is the sufficiency of the evidence to sustain the judgment.

It is clear from the record that, at the time of the service of the writ, the garnishee was indebted to the judgment debtor in an amount exceeding the judgment. The only defense on behalf of the garnishee is that the judgment debtor, at the time of the service of the writ, was indebted to one Worthington, to whom the money in the hands of the garnishee was paid subsequent to the service of the writ. This is not a defense. The service of the writ of garnishment subjected the money in the hands of the garnishee, to which the judgment debtor was entitled, to the payment of respondent’s claim, and if the garnishee subsequently paid the money to the judgment debtor or to any of his bona fide creditors, such payment will not relieve against the liability created by the service of the writ.

The judgment is affirmed.

Reference

Full Case Name
A. Anderson v. Henry Garrison, E. K. Worthington, Garnishee
Cited By
9 cases
Status
Published
Syllabus
Garnishment — Defenses—Payment to Debtor’s Creditor. Where the garnishee was indebted to the judgment debtor at the time of the service of the writ, it is no defense to the writ that the garnishee subsequently paid the money to a bona fide creditor of the judgment debtor.