Rich v. Roberts

Citations

• 103 Kan. 116
• 172 P. 996
• 1918 Kan. LEXIS 199

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Garnishment — What Property May be Reached. Rule followed that a garnishment reaches only the property which actually belongs to the debtor, and does not lawfully reach that which the debtor has already assigned in good faith to other creditors.</p> <p>2. Same — Property Lawfully Assigned — Not Subject to Garnishment by Other Creditors. Where a creditor in a garnishment proceeding gets possession of the proceeds of an insurance policy which had already been lawfully assigned to other .creditors, he holds such proceeds as trustee for the benefit of such other creditors; and, in an action where all parties concerned are brought into court and all the pertinent facts are pleaded and proved or conceded, a judgment may properly be entered against such creditor in favor of the other creditors for the sums due them from the debtor in conformity with the terms of the assignment.</p>