Peel v. Farmers' & Merchants' Bank

1 White & W. 71

Opinion

Opinion by

Hurt, J.

§ 180. Garnishee; not liable on negotiable note, unless, etc. It is impossible to charge the garnishee as the debtor of the defendant, unless it appear affirmatively that at the time of the garnishment the defendant had a cause of action against him for the recovery of a legal debt due or to become due by afflux of time. Thus, where the garnishee answered that he had executed to the defendant a negotiable promissory note, upon which he still owed a balance, it devolved upon the plaintiff to prove, in order to hold the garnishee liable, that the note had been transferred by the defendant before the service of the writ of garnishment. [Drake on Attach. § 575; Bassett v. Garthwaite, 22 Tex. 230; Iglehart v. Moore, 21 Tex. 501.]

Beversed and remanded.