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BADLER v. L. GILLARDE SONS COMPANY. (12/29/56)

December 29, 1956

BADLER, APPELLANT,
v.
L. GILLARDE SONS COMPANY.



Appeal, No. 214, Jan. T., 1956, from order of Court of Common Pleas No. 7 of Philadelphia County, Sept. T., 1952, No. 2991, in case of M. J. Badler v. L. Gillarde Sons Company et al. Order affirmed. Proceeding upon petition of garnishee and rule to show cause why writ of foreign attachment should not be quashed. Order entered making rule absolute, opinion by OLIVER, P.J. Plaintiff appealed.

COUNSEL

Earl Jay Gratz, with him Gratz, Sperling & Fitzgerald, for appellant.

Louis J. Goffman, with him Ramon L. Posel, C. Lawrence Cushmore, Jr., Wolf, Block, Schorr & Solis-Cohen, and White, Williams & Scott, for appellees.

Before Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Jones

[ 387 Pa. Page 267]

OPINION BY MR. JUSTICE JONES

This appeal is from an order of the court below setting

[ 387 Pa. Page 268]

    aside the service of a writ of foreign attachment and quashing the writ.

The plaintiff, M. J. Badler, a wholesale produce merchant of Philadelphia, instituted an action of assumpsit by writ of foreign attachment against the defendant, L. Gillarde Sons Company, a produce dealer of Chicago, Illinois, summoning as garnishee the South Philadelphia National Bank (now Central-Penn National Bank of Philadelphia).

When the writ was served, the garnishee had in its possession the proceeds of ten drafts, drawn by the defendant company on a South Philadelphia customer, which the defendant had transferred to three banks in Illinois which, in turn, forwarded the drafts to the garnishee bank for presentation for payment by the drawee. On petition of the garnishee averring that it had no property of the defendant company in its possession, the court below issued a rule calling upon the plaintiff to show cause why service of the writ should not be set aside and the writ quashed. The plaintiff, by answer, denied the material averments of the garnishee's petition. Interrogatories were filed and depositions were taken by both parties relating, however, to only four of the drafts, the same being the drafts which the defendant deposited with the First State Bank of Libertyville, Illinois, which had forwarded them to the garnishee for presentation for payment. On the basis of the evidence so adduced, the court below found that the drafts in question were the property of the Libertyville bank and, accordingly, set aside the service on the garnishee and quashed the writ. It is that order from which the plaintiff brings this appeal.

Such an order, although interlocutory, is made appealable by the Act of April 26, 1917, P.L. 102, 12 PS ยง 1108. Under the ...


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