Preston & McKinnon v. Brennan
California Supreme Court Dec 11, 1901 No. S.F. No. 1933.Published
Before: Temple
Synopsis
Action upon Garnishment—Monet in Bank—Trust—Relation of Debtor and Creditor.—In an action upon a garnishment of money deposited by the debtor in a bank where his sister, substituted for the bank as defendant, set up a trust in part of the fund, such defense cannot be maintained where it appears that the brother was allowed to control and withdraw, and did withdraw, the money belonging to his sister, and that the relation of creditor and debtor arose between them, and that the account levied upon was the individual account of the brother alone.
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