Wright v. Bank of Lassen County

PULLEN, P. J.

The record discloses that M. S. Stevens, Camile F. Prizzie and P. M. Reidy were partners and were the owners as such of approximately $10,000, on deposit in the Bank of Lassen County. Some time prior to March 26, 1926, this money had been received by the bank pursuant to some judgment or agreement, the record being silent, the bank had issued a certificate of deposit for $6,000 thereof in the name of M. S. Stevens and Camile Prizzie and made said certificate “payable to the order of the Judge of the Superior Court of Lassen County”. The balance thereof so deposited was received by the bank and held as follows: “M. S. Stevens and Camile Prizzie. Do not pay against this account except .on order of Judge of the Superior Court of Lassen County.” Prior to March 8, 1926, but subsequent to the deposit mentioned above, an action was brought to dissolve the partnership of Stevens, Prizzie and Reidy, in which action a judgment was entered on November 8, 1926, awarding to Stevens some $3,100 out of said fund and directing the bank to pay that amount to him. Prior to March 8, 1926, an action had been commenced in the county of Los Angeles by one Roy C-. Downing, as plaintiff, against M. S. Stevens, as defendant, and in the forenoon of March 8, 1926, a writ of attachment was levied upon the Bank of Lassen County garnisheeing all moneys in its custody belonging to M. S. Stevens. On the afternoon of the same day a duly certified copy of the judgment and decree awarding to Stevens the $3,100 was served upon the bank and demand made for payment, but by virtue of the writ of attachment that day served in the case of

Downing

v.

Stevens,

the bank refused to comply with the demand. On June 10, 1927, Stevens executed three partial assignments of judgment, one to each of the plaintiffs herein which assignments were duly filed and docketed in the office of the county clerk of the county of Lassen and notice in writing thereof given to the Bank of Lassen County.

Shortly thereafter P. M. Reidy, one of the defendants herein, was interpleaded in the action pending in the county

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of Los Angeles, wherein Downing was plaintiff and Stevens defendant, and a writ of attachment was caused to be issued by Beidy against Stevens and levied upon the Bank of Lassen County. Thereafter, about July 1, 1927, a judgment in that action was entered, dismissing the complaint of plaintiff Downing and awarding judgment to cross-defendant Beidy and against Stevens, together with interest and costs, and an execution was issued upon said judgment and served upon the Bank of Lassen County. The bank refused to deliver any moneys to the sheriff by virtue of the execution and thereafter this action was commenced. The bank thereafter paid into court the sum of $2,426.67, and was discharged from liability, and P. M. Beidy, appellant herein, was substituted as a party defendant.