Consolidated Tank Line Co. v. Collier, Robertson & Hambleton

Citations

• 148 Ill. 259

Syllabus

<p>1. Attachment—foreign, and domestic. An attachment proceeding instituted in this State against a non-resident debtor by a creditor also a non-resident, and the service of garnishee process upon debtors residing in this State, must prevail, unless a party interpleading and claiming the right to collect the debts garnisheed shows a superior right in himself.</p> <p>2. Same—interpleader by assignee of insolvent to writ of attachment. A creditor of another State brought in this State suit by attachment against a firm in Iowa which had made an assignment for the benefit of its creditors, and garnisheed debtors of the firm residing in this State. The assignee filed in the attachment suit a plea of interpleader, in which the assignment was set out and alleged to be in conformity with the laws of Iowa, and that he had accepted the trust, recorded the assignment and taken possession of the property assigned, which included the firm’s accounts and books of account, and the plea also alleged that he thereby was entitled to receive the debts so garnisheed., and that lie had given the proper notices of the assignment, and had notified the garnishees, and that the plaintiff in attachment had notice of the assignment before bringing his action: Held, that the plea was substantially good, and showed the assignee’s right to collect the debts owing by the garnishees.</p> <p>3. Such plea averred, among other things, that the deeds of assignment were, on the same day of their execution, duly acknowledged and delivered, “in accordance with the laws of the State of Iowa,” etc.: Held, that such averment was a sufficient averment of the sufficiency of the acknowledgment under the laws of the State of Iowa.</p> <p>4. Personal property—has no fixed situs. Personal property follows the person of its owner. Debts have no situs or locality, and follow the person to whom they are owing.</p> <p>5. Insolvent debtor — assignment by foreign debtor — its validity here. A non-resident debtor may ma