{
  "id": 5156745,
  "name": "Edward A. Price et al. v. German Exchange Bank",
  "name_abbreviation": "Price v. German Exchange Bank",
  "decision_date": "1895-10-31",
  "docket_number": "",
  "first_page": "418",
  "last_page": "419",
  "citations": [
    {
      "type": "official",
      "cite": "60 Ill. App. 418"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "40 Ill. App. 350",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5025310
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/40/0350-01"
      ]
    },
    {
      "cite": "51 Ill. App. 281",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5114378
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/51/0281-01"
      ]
    }
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  "analysis": {
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    "word_count": 350
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  "last_updated": "2023-07-14T15:22:36.351146+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Edward A. Price et al. v. German Exchange Bank."
    ],
    "opinions": [
      {
        "text": "Wv Presiding Justice Gary\ndelivered the opinion of the Court.\nOn the 9th day of November, 1893, the appellants, residing in New York, commenced in the Circuit Court an action by attachment, against Solomon Simon et al., also residing in New York, and summoned as garnishees the firm of Sweet, Dempster & Co., of Chicago, who answered that they were indebted to Simon et al. $858.36, to become due thereafter.\nThe bank interpleaded, claiming the fund. Simon et al. assigned the indebtedness of the garnishees to the bank in Hew York, with other indebtedness of other parties, Hovember 6, 1893, to secure $4,000, which Simon et al. owed the bank. Of this assignment the garnishees had notice about two hours after they were served with the garnishment summons.\nOn the trial it appeared that all of the indebtedness of Simon et al.' to the bank, except $881.49, had been paid, and as to that sum, there is no proof whether it has been paid or not. But payment is a fact to be proved by the party claiming the benefit of it. There is no presumption in his favor.\nThe point most strongly pressed by the appellants is that a garnishment served before the garnishee has notice that the debt\u2014being lion-assignable at law\u2014has been assigned, takes precedence of the assignment. The law is held the other way in this court. Gregg v. Savage, 51 Ill. App. 281.\nThe judgment discharging the garnishee, and for costs to the bank, is the proper judgment. Commercial National Bank v. Payne, No. 5792, this term; Glover v. Wells, 40 Ill. App. 350.\nIt is affirmed.",
        "type": "majority",
        "author": "Wv Presiding Justice Gary"
      }
    ],
    "attorneys": [
      "L. S. Hodges, attorney for appellants.",
      "Zach. Hoeheimer, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "Edward A. Price et al. v. German Exchange Bank.\n1. Garnishment\u2014Assignment of the Debt.\u2014A garnishment, although served before the garnishee has notice that the debt has been assigned, does not take precedence of the assignment.\nGarnishment.\u2014Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1895.\nAffirmed.\nOpinion filed October 31, 1895.\nL. S. Hodges, attorney for appellants.\nZach. Hoeheimer, attorney for appellee."
  },
  "file_name": "0418-01",
  "first_page_order": 416,
  "last_page_order": 417
}