GARNISHMENT-FOREIGN-DOUBLE LIABILITY

Authors

Abstract

Plaintiff, a resident of New York, obtained a judgment in Connecticut against El Saieh, a resident of Haiti, the court in that action obtaining jurisdiction by garnishment of a debt owed El Saieh by defendant, a Connecticut corporation, which was served with garnishment process, and admitted an obligation to El Saieh based on a policy of fire insurance issued through its agency in Haiti on a stock of goods located there. Plaintiff then sought to enforce the judgment against the defendant garnishee, which set up a defense of double liability, contending that under the laws of Haiti it was absolutely bound to pay the full obligation to El Saieh, and that the courts of that jurisdiction would not recognize as a discharge a foreign judgment directing payment to anyone else. An admission of this contention by the plaintiff was given in evidence. Held, that a garnishee is a mere stakeholder and will not be forced to pay when he can not be protected against suit by his creditor elsewhere. Parker, Peebles & Knox v. National Fire Ins. Co. (Conn. 1930) 150 Atl. 313.

Recommended Citation

GARNISHMENT-FOREIGN-DOUBLE LIABILITY, 29 Mich. L. Rev. 114 (1930).
Available at: https://repository.law.umich.edu/mlr/vol29/iss1/23