Schuler v. Israel
Citations
- 120 U.S. 506
- 7 S. Ct. 648
- 30 L. Ed. 707
- 1887 U.S. LEXIS 1995
Syllabus
<p>A judgment recovered in one court may be pleaded as a defence- to a suit on the same cause of action pending in-another when by law the cause of action is merged in the judgment.</p> <p>A garnishee has a right to set up any defence against the attachment process which he could have done against the debtor in the principal action; and if the debtor be insolvent, and owes the garnishee on a note not due for which he has no sufficient security, he is not bound to risk the loss of his debt in answer to the garnishee process.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that where debtor is insolvent at time of garnishment, bank may set off payment of any obligation whether due or not
Source: CourtListener parenthetical corpus (CC0).
Judges: Miller
Read full opinion on CourtListenerCited by
42 cases in this archive cite this case; the 20 most cited are listed.
- Frost v. ThompsonMassachusetts Supreme Judicial Court· 1914-11-25· cited 93×
- Harrison v. Remington Paper Co.Eighth Circuit· 1905-08-22· cited 92×
- Nashville Trust Co. v. BankTennessee Supreme Court· 1892-03-08· cited 44×
- Walter v. National City BankOhio Supreme Court· 1975-06-25· cited 36×
- Putnam v. United States Trust Co.Massachusetts Supreme Judicial Court· 1916-03-03· cited 29×
- Aarons v. Public Service Building & Loan Ass'nSupreme Court of Pennsylvania· 1935-03-25· cited 25×
- Thomas v. Exchange BankSupreme Court of Iowa· 1896-10-15· cited 22×
- St. Paul & M. Trust Co. v. LeckSupreme Court of Minnesota· 1894-04-20· cited 22×
- In the Matter of Robert Dale Johnson, Bankrupt. Bruce Goldstein, Successor to S. David Rubenstein, Receiver in Bankruptcy v. McLean BankFourth Circuit· 1977-04-05· cited 21×
- Georgia Seed Co. v. Talmadge & Co.Supreme Court of Georgia· 1895-05-15· cited 21×
- Wunderlich v. Merchants National BankSupreme Court of Minnesota· 1910-01-14· cited 21×
- Doggett v. Chelsea Trust Co.First Circuit· 1934-11-10· cited 20×
- Jump v. LeonMassachusetts Supreme Judicial Court· 1906-09-04· cited 17×
- Reed v. BloomW.D. Oklahoma· 1936-05-01· cited 11×
- Iler v. Rieger & Co.Missouri Court of Appeals· 1897-02-01· cited 11×
- Docking v. Commercial National BankSupreme Court of Kansas· 1925-05-09· cited 11×
- All American Auto Salvage v. Camp's Auto, WreckersSupreme Court of New Jersey· 1996-08-01· cited 9×
- Storing v. First Nat. BankEighth Circuit· 1928-09-28· cited 7×
- O'Connor v. StanleyEighth Circuit· 1931-11-18· cited 7×
- First Nat. Bank of Indianola v. MaloneEighth Circuit· 1935-03-09· cited 7×
Cites
2 cases in this archive are cited by this case.
Other cases named Schuler v. Israel
1 other CourtListener record shares this case name.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.