New York Finance Co. v. Potter

Citations

• 126 F. 432
• 1903 U.S. App. LEXIS 5175

Syllabus

<p>L Garnishment — Allowance of Counsel Fees to Garnishee — Pennsylvania Statute.</p> <p>Under Act Pa. April 22, 1863 (P. L. 527), providing that a garnishee who shall be found not to have any property of defendant, nor to owe him any debt, other than is admitted in his answer, shall be entitled to the allowance of a reasonable counsel fee out of the property in his hands, a corporation garnished as trustee, which by its answer fully and truthfully set out all the facts, and admitted having in its possession a certain sum, which it held for defendant as income from the trust fund, but denied plaintiff’s right to the principal of such fund, is entitled to the - allowance of a counsel fee from such income for successfully contesting plaintiff's claim to the principal.</p>