ORR, FOR USE OF LURIE v. FIRST NAT. BANK

Full title: Elizabeth Orr, for use of S.C. Lurie, etc., Appellant, v. First National…

Court: Appellate Court of Illinois, First District

Date published: Apr 19, 1945

325 Ill. App. 698 (Ill. App. Ct. 1945)

60 N.E.2d 649

Opinion

Gen. No. 43,132. (Abstract of Decision.)

Opinion filed April 19, 1945 Released for publication May 2, 1945

GARNISHMENT, § 115^_ — deposit account held in trust for intervener not subject to garnishment. In garnishment proceeding, where garnishee bank stated that it had on its books a savings account in name of judgment debtor, but that it had been informed that funds were property of third party who later filed interpleader claiming the funds, evidence sustained finding that deposit account was held in trust for intervener who was entitled thereto.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. JOHN J. PRYSTALSKI, Judge, presiding.

Judgment affirmed. Heard in the second division, first district, this court at the October term, 1944.

Maurice Weissman, for appellant;

Thomas P. Henehan and Amberg, Livingston, Kearns Dahlin, for appellees;

Thomas P. Henehan, Frank L. Paul and George A. Hansen, of counsel.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed April 19, 1945; released for publication May 2, 1945.