Fechheimer v. National Exch. Bank

Citations

• 31 Va. 651

Syllabus

<p>L & S carried on two stores in Norfolk, on premises of which they held leases. On the 8th of May, 18GG, they conveyed to F all their goods in these stores, all debts due them, and the leasehold premises, in trust to pay certain specified debts, with authority to take possession, sell the goods, and collect the debts. On the loth of May W sued L & S in assumpsit for $913.30, and on the sanie day sued out an attachment against their effects, and this attachment was levied on all the goods and debts at the two stores, which were taken possession of bjr the sergeant of the city. On the same loth of May, but two or three hours after the attachment of IV was levied, the National Exchange Bank of Norfolk sued out an attachment against the property of L & S, claiming a debt of $ll,G6o, and this attachment was levied by the same officer upon the goods, &c., in his hands under the other attachment, and also upon the leaseholds of the two houses. In this case F interpleaded, and there was a verdict and judgment in his favor; and afterwards the suit of IV was dismissed. F then sued the Bank in an action of trespass on the case for the damages he had sustained by the levy of their attachment—Held :</p> <p>1. Though at common law action on the case was the proper remedy so far as the goods, &c., embraced in the first attachment were involved, and trespass vi et armis was the remedy as to the leaseholds which were not levied on by the first, yet as under the Virginia statute case may be brought wherever the action of trespass vi et armis could be brought, the action on the ease was properly brought to recover the damages sustained as to all the property attached.</p> <p>2. F has a right to recover from the Bank all the damages he has sustained by the levy of the attachment of the Bank upon the two storehouses held under lease, and the withholding the possession from him.</p> <p>3. If the attaching creditors had been joint trespassers in seizing and detaining the attached effect