CREDITORS' RIGHTS-GARNISHMENT-CONTENTS OF SAFETY DEPOSIT BOX RENTED TO JUDGMENT DEBTOR REACHED BY GARNISHING LESSOR

Authors

Craig E. Davids S.Ed., University of Michigan Law SchoolFollow

Abstract

Execution against the judgment debtors having been returned unsatisfied, plaintiff secured a writ of garnishment from the municipal court against the defendant bank in November 1935. The garnishee's disclosure indicated that it held a small amount of cash with other collateral as security for loans made to the judgment debtors and the unknown contents of a safety deposit box. The box was rented by the judgment debtors in the usual manner and access to it could be gained only by simultaneous use of two keys-a master key retained by the bank and another key issued to the customer. The garnishee permitted the judgment debtors to open their box in December 1935. After further proceedings against the judgment debtors had been enjoined by a bankruptcy court in March 1936 the garnishee again permitted the judgment debtors access to their box in November and December 1936. After the stay order was lifted by the bankruptcy court in 1936, the municipal court, on motion of the garnishee in the trial of the cause dismissed the bank. Held, reversed. The contents of a safe deposit box constitute such "effects or estate of the defendant in the possession, custody, or charge of the garnishee" as would subject them to garnishment. Morris v. Beatty (Chicago City Bank & Trust Co., Garnishee), 323 Ill. App. 390, 55 N.E. (2d) 830 (1944).

Recommended Citation

Craig E. Davids S.Ed., CREDITORS' RIGHTS-GARNISHMENT-CONTENTS OF SAFETY DEPOSIT BOX RENTED TO JUDGMENT DEBTOR REACHED BY GARNISHING LESSOR, 43 Mich. L. Rev. 792 (1945).
Available at: https://repository.law.umich.edu/mlr/vol43/iss4/8