Wiener v. American Insurance

Citations

• 224 Pa. 292
• 73 A. 443
• 1909 Pa. LEXIS 781

Syllabus

<p>' Foreign attachment — Debt—Subject of attachment — Foreign corporay tion.</p> <p>1. The rule that to give a court jurisdiction in foreign attachment the res must be within the territorial jurisdiction of the court applies only to tangible assets capable of actual seizure, and does not apply to choses in action.</p> <p>2. Jurisdiction to fasten choses in action by garnishee process depends upon the ability to serve that process upon the debtor of the absent defendant within the jurisdiction of the court.</p> <p>3. All debts are payable everywhere unless there be some special limitation or provision in respect to the payment, the rule being that debts as such have no locus or situs but accompany the creditor everywhere.</p> <p>4. A debt due by a foreign corporation registered in Pennsylvania to another foreign corporation may be attached in Pennsylvania by a foreign attachment.</p>