Bellingham Bay Boom Co. v. Brisbois

Citations

• 14 Wash. 173
• 44 P. 153
• 1896 Wash. LEXIS 331

Syllabus

<p>ASSIGNMENT OF CHOSE IN ACTION — NOTICE TO GARNISHEE.</p> <p>Notice to the debtor of an assignment of a cbose in action, before the service of notice of garnishment upon him for a debt of the assignor, is not essential to the protection of the assignee; but the garnishee, upon subsequent notice of the assignment, is bound to bring it to the attention of the court; and if he fails so to do, neither a subsequent voluntary payment to, his creditor or the gar-nisher, nor a judgment against him as garnishee, will be available as a defense to an action against him by the assignee.</p> <p>The deposit in court by a garnishee defendant of the amount due from it on a judgment to the principal defendant without including the interest entitles it to only a pro tanto discharge in the garnishment proceeding.</p>