Larsen v. Allan Line Steamship Co.

Citations

• 45 Wash. 406
• 88 P. 753
• 1907 Wash. LEXIS 480

Syllabus

<p>Garnishment — Property Subject — Advance Payments by Check. Where a judgment debtor, a foreign steamship company, in order to evade the jurisdiction of the courts of this state, exacted from its ticket broker in this state a cash deposit to pay in advance for transportation to be thereafter furnished on sales by the broker, checks of the broker for $10,000, given and accepted as cash, extinguish 'the liability of the broker to the steamship company for transportation thereafter sold from time to time, although the broker was charged with the sales as reported and the checks were presented from time to time as reports of sales were made; accordingly, upon garnishment of the broker, the garnishee is properly found not indebted to the judgment debtor, the only liability being by reason of the checks; nor was the garnishee under obligation to stop payment of the checks after service of the writ.</p> <p>Same — Fraud—Conspiracy. In such a case the garnishee should not be held liable on the ground of entering into a conspiracy to defraud the judgment creditor, where it appears that the garnishee simply submitted to terms and conditions imposed by the judgment debtor.</p>