Jewell v. Schell

Citations

• 103 Kan. 604
• 175 P. 970
• 1918 Kan. LEXIS 335

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Garnishment — Mistaken Answer of Garnishee — Rightfully Allowed to Correct his Answer. A garnishee who purchased property from the defendant, leaving a balance of the purchase price unpaid, believing that the defendant owned the property and had the right to transfer it, when in fact he had previously disposed of it, made answer in response to the garnishment summons that he was indebted to the defendant for the balance of the purchase price, and an order directing the payment of the money into the court was accordingly made. Shortly after-wards the garnishee learned that the defendant had previously mortgaged and disposed of the property, and that consequently he was not indebted to the defendant, and further learned that plaintiff had procured the defendant to mortgage the property and had received and applied the proceeds of it upon anbther account, and therefore knew that the garnishee had not acquired the property and was not indebted for it, and that, knowing these things, plaintiff had led and allowed the garnishee to believe that the defendant had the right to transfer the property: Held, on an application promptly made by the garnishee, that there were sufficient grounds to warrant the court in setting aside the order on the garnishee and in allowing him to correct his answer so as to state the actual facts as to his indebtedness to the defendant.</p> <p>2. Same — Bights of Creditor against Garnishee. The plaintiff can have no greater rights as against the garnishee than the defendant has, and where it appears that the garnishee was not in fact indebted to the defendant when the process was served, the plaintiff can claim nothing from him.</p>