B. Lowenstein & Bros. v. Aaron

Citations

• 69 Miss. 341

Syllabus

<p>1. Attachment. Act of 1884. Plea by intervening creditor. Collusion.</p> <p>A creditor of a defendant in attachment, who has availed of the act of March 11, 1884 (Laws, p. 76), to intervene and contest the grounds of attachment, may, under his plea in abatement, defeat the attachment by showing that the plaintiff and defendant fraudulently colluded to prepare and create grounds for the attachment.</p> <p>2. Same. Act of 1884. Fictitious suit. Procedure.</p> <p>But tinder such plea in abatement, the intervenor cannot show that the debt of the plaintiff is fictitious. If the intervenor wishes to contest the genuineness of the debt, he must put the same in issue by filing the affidavit provided for by § 4 of said act.</p> <p>3. Attachment. Fraud of debtor. Evidence of commercial rating.</p> <p>On the trial of the attachment issue, the plaintiff’s affidavit having alleged fraudulent conduct of the debtor, evidence of the latter’s rating or want of rating by commercial agencies, unconnected with any conduct of the debtor on which it was based, was properly excluded as irrelevant.</p>