MARQUETTE APPLIANCES, INC. v. ECONOMY FOOD PLAN, INC.

No. 37,695.

256 Minn. 169 (1959)

97 N.W. (2d) 652

MARQUETTE APPLIANCES, INC. v. ECONOMY FOOD PLAN, INC. LEN DAMMAN, d.b.a. LEN'S TRUCKING COMPANY, GARNISHEE. JOSEPH STEIN AND OTHERS, INTERVENORS.

Supreme Court of Minnesota.

July 3, 1959.


Attorney(s) appearing for the Case

Harold Shear and Thomas J. Rooney, for appellants.

Eugene A. O'Brien, for plaintiff respondent.


MATSON, JUSTICE.

In a garnishment proceeding intervenors appeal from a judgment holding freezers stored in garnishee's warehouse to be subject to garnishment. This judgment was based on the theory that whatever property right intervenors have in the freezers is held by them as constructive trustees for the defendant and its creditors.

In the main action, which has not yet been tried, plaintiff, Marquette Appliances, Inc., a general creditor of the defendant...

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