Morris & Co. v. Canadian Bank of Commerce

Citations

• 95 Wash. 418
• 163 P. 1139
• 1917 Wash. LEXIS 822

Syllabus

<p>Garnishment — Property Subject — Deposits—Proceeds oe Draft —Title of Defendant. Where plaintiff had a contract whereby it sold beef upon commissions for and on account of the defendants, who were butchers, which defendants violated by failing to pay freight or commissions, and a consignment of beef was sent to plaintiff with a draft for the purchase price, made out to and indorsed by third parties, who were cattle buyers having dealings with the defendants, the plaintiff, upon paying the draft and depositing the money in the bank holding the draft for collection, in order to garnishee the money, must establish that it was the money of the defendants; and if it was not the defendants’ money, the relation of the bank to the indorsers of the draft, and whether the indorsement of the draft or the title to the money was absolute or conditional becomes of no concern.</p> <p>Same — Property Subject — Title of Defendant — Evidence—Sufficiency. In such a case, a finding that the dealers in the cattle, who indorsed the draft, were agents of the defendants acting as a screen for defendants, who at all times owned the commodity shipped, is not warranted, where there was no proof of agency or evidence of fraud, and it appeared that the indorsers,-from time to time, sold cattle to the defendants, taking drafts with bill of lading to be credited on the account, and it was not shown that a debt was not thereby incurred or that any part of the drafts so made were paid to the defendants, who appeared to be financially embarrassed.</p> <p>Evidence — Judicial Notice — Trade Customs. The courts will take judicial notice of tbe habit of financing the movements of goods so as to protect the purchase price through the mediumship of drafts and bills of lading by those of limited credit.</p> <p>Garnishment — Nature op Remedy. The remedy by garnishment in this country is purely statutory, and under our statutes a garnishment is an adversary proceeding amounting to an action by the defenda