Washington Brick, Lime & Manufacturing Co. v. Traders National Bank

Citations

• 46 Wash. 23
• 89 P. 157
• 1907 Wash. LEXIS 550

Syllabus

<p>Garnishment — Property Subject — Drafts. A draft is property and subject to garnishment within the meaning of the garnishment law.</p> <p>Same — Ownership of Property — Drafts—Banks and Banking— Deposits. Where a draft is deposited with a bank which has a rule that in receiving collections it acted only as agent and assumed no responsibility beyond due diligence, the depositor receiving credit for the amount of the draft, but if the draft was not paid the amount was charged back, the ownership of the draft remains in the depositor, although he was allowed to check against it, as that was simply an accommodation extended; and upon garnishee process against the bank in an action against the depositor, it is properly found that, pending collection, an accepted draft deposited by the defendant is property of the defendant in possession of the garnishee.</p>