First National Bank v. Hanchett

Citations

• 126 Ill. 499
• 16 N.E. 907

Syllabus

<p>1. Attachment—of moneys of the debtor coming to the hands of the officer. On a writ of attachment against a warehouse company, the sheriff levied upon goods of other parties stored in the warehouse, or the interest of the company in the property in store. By direction of the plaintiff in the writ, the officer released the property so stored, upon payment, by the owners, of the charges thereon which they owed the company: Meld, that, even conceding the sheriff had no right to levy on the property, it was his duty to have levied upon the money so paid him, or have treated the same as attached, money and credits of the debtor being subject to attachment.</p> <p>2. Same—moneys coming to officer’s hands, subject to levy wider writ held by him—ckity amd liability of the officer. Where a sheriff holding a writ of attachment against a warehouse company, which he has levied upon the interest of the company in grain stored with it, by direction of the plaintiff in the writ releases the property to the owners upon their payment to him of the charges due thereon to the company, and before the return day of the writ, upon the written order of the company, pays .the money so received by him for charges, to the company, by reason of which the debt due the attaching creditor is not fully-paid, an action on the ease will lie by the attaching creditor against the sheriff for the amount of such money.</p> <p>3. In such case, the order of the warehouse company on the sheriff for the moneys received by him for storage, is an admission by the company that the money in the sheriff’s hands is its property, and would authorize a levy upon the same, and would be a waiver of any supposed trespass of the sheriff in attaching the grain stored. And if the sheriff had doubts as to whether the attaching creditor was entitled to the money, he should have brought the same into court to abide its order and judgment.</p>