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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 286   View pdf image (33K)
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286 ARTICLE 9.

$2,000 to. the company, the $2,000 in bank then belongs to the agent, and may
be condemned in the attachment. First National Bank v. Jaggers, 31 Md. 50.

Where H. is indebted to B., both H. and B. residing in North Carolina, and B.
is indebted to E., a resident of Maryland, an attachment, may be laid by E. in the
hands of H. while he is temporarily in Maryland, and the garnishment binds H's.
indebtedness to B. Full faith and credit must be given such judgment .by the
courts of North Carolina when it is pleaded by H. in a suit against him by B. in
the latter state. Temporary presence of a garnishee in a state gives a court of that
state jurisdiction to render judgment in the garnishment proceedings upon per-
sonal service within the state, if during such temporary presence in the state the
principal debtor could have sued the garnishee there. Duty of the garnishee to
notify the defendant. Harris v. Balk, 198 U.. S. 215.

Under art. 23, sec. 236, of Code of 1912 (see art. 48A, sec. 167, this Code), money
payable (to a resident or non-resident) by a fraternal beneficiary association, is not
liable to attachment. Himmel v. Eichengreen, 107 Md. 610.

It is not necessary in all cases that there be an actual seizure of the property
attached, since where it cannot be seized and taken from the garnishee, the plain-
tiff has the right to interrogate the garnishee and thus get a sufficient description
of the property into the record. Object of the seizure and schedule. De Beam v.
De Beam, 119 Md. 425.

Certain registered bonds of a foreign corporation held to be property within the
meaning of this section and, under the facts of the case, attachable. De Beam v.
Prince de Beam, 115 Md. 676. And see De Beam v. Winans, 119 Md. 394; De
Beam v. De Beam, 119 Md. 421; U. S. Express Co. v. Hurlock, 120 Md. 113;
De Beam v. De Beam, 126 Md. 630.

Money appropriated by act of congress to meet French spoliation claims, such
money being for the benefit of the next of kin of original sufferers, cannot be
attached. Thurston v. Wilmer, 94 Md. 455. And see Deacon v. Oliver, 14 How. 610.

A creditor of a wife may attach funds belonging to her in the hands of her
husband. A debt may be attached prior to its maturity. O'Denhal v. Devlin, 48
Md. 444.

Where property is bought in the name of A., and B. pays the purchase money,
the latter has an attachable interest in the property. Cecil Bank v. Snively, 23
Md. 253.

An equitable interest in land may be attached. Campbell v. Norris, 3 H. & McH.
535; Pratt v. Law, 9 Cranch. 457.

The right of stoppage in transitu, if it exists, has priority over an attachment
of the property. O'Brien v. Norris, 16 Md. 129.

Money due, which was by agreement to be paid in work and labor, may be
attached. Louderman v. Wilson, 2 H. & J. 379.

An attachment will lie against the original holder of promissory notes laid in the
hands of the maker, notwithstanding the original holder has transferred the notes
to a third party, if the latter is not a bona fide holder for value. Luckmeyer v.
Seltz, 61 Md. 324. But see Cruett v. Jenkins, 53 Md. 217.

Where there is a loss under a fire insurance policy providing that the. company
may either pay the insured a certain amount or else rebuild, and the company
elects to rebuild, an attachment by a creditor of the insured laid in the hands of
the company, must fail. Stone v. Mutual, etc., Co., 74 Md. 579.

An agent who was to sell stock of a company and collect his commissions as
the company collected the subscriptions, has nothing in the hands of the company
liable to attachment until the company collects the subscriptions, though it may
be that the agent can force the company to proceed to collect. Md. Agricultural
College v. Baltimore, etc., Co., 43 Md. 438.

An undivided interest in land may be attached, and if in the meantime a decree
for sale for the purpose of partition has been passed, the lien of the attachment
is transferred to the defendant's interest in the proceeds of sale in the hands of the
trustee. Western National Bank v. National Union Bank, 91 Md. 613.

Where A. conveys all his property to a trustee for the benefit of creditors, he
has no interest left liable to attachment. Houston v. Noland, 7 G. & J. 491.

A plaintiff may lay an attachment in his own hands as garnishee, and proceed
to condemnation as against a third person. Owens v. Crow, 62 Md. 498.

As to the attachment of corporate stock, see art. 23, secs. 63 and 64; sec. 80, et
seq.; and sec. 118.

As to the attachment of goods in the hands of a carrier, see art. 14, secs. 24 and
33. As to the attachment of goods in the hands of a warehouseman, see art. 14A,
secs. 25 and 42.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 286   View pdf image (33K)
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