Meier v. Hess

Citations

• 23 Or. 599
• 32 P. 755
• 1893 Ore. LEXIS 70

Syllabus

<p>Garnishment—Rights of Attaching Creditor — Code, ? 150.—Although, by section 150 of Hill’s Code, an attaching creditor is .placed in exactly the same position, with reference to the property attached, as a bona fide purchaser in good faith and for value (Rhodes v. McGarry, 19 Or. 222), yet this must he taken in connection with the general rule that a garnishment operates only on the rights of the debtor at the time the writ is levied. A garnishment is not retroactive, nor does it give the plaintiff in the writ any greater rights against the garnishee than the defendant himself possesses, except m cases of fraud. O. R. &■ N. Co. v Gates, 10 Or. 514, Baker v JSglin, 11 Or. 334, Phipps v. Rieley, 15 Or. 497; Case v. Noyes, 16 Or. 329; Riddle v. Miller, 19 Or. 468, cited.</p> <p>Chatted Transfers—1'raud — Code, § 776, Sued. 40. * —In Oregon, under subdivision 40 of section 776 of Hill’s Code, a sale or mortgage of chattels or choses in action, unaccompanied by a change of possession, or a record of the instrument of transfer, creates, as against bona fide purchasers, only a presumption of fraud, which may be rebutted. Marks y. Miller, 21 Or. 317, cited and approved.</p> <p>Chose in Action — Assignment—Notice.—In Oregon an assignment' of a chose in action, made in good faith, for a sufficient consideration, and without an intent to defraud creditors or subsequent purchasers, is complete upon the mutual assent of the assignor and the assignee, without notice to any one.</p> <p>Assignee of Chose in Action—Attaching Creditor—Priority of Right.— A bona fide assignment of a chose in action gives the assignee a prior right to the fund as against a subsequent attaching creditor, though the garnishment may have been served on the debtor before he received notice of such assignment; and tills will be the rule notwithstanding the position in which the attaching creditor is placed by section 150, Hill’s Code, since the garnishment cannot reach any greater interest than the debto