MEYERS v. JACHAM ENTERPRISES

[No. 202, September Term, 1960.]

225 Md. 86 (1961)

169 A.2d 415

MEYERS, INDIVIDUALLY AND T/A MARCLAY-ODEN CO. v. JACHAM ENTERPRISES, INC. (Two Appeals In One Record)

Court of Appeals of Maryland.

Decided April 7, 1961.


Attorney(s) appearing for the Case

Bernard H. Herzfeld, with whom were Smalkin & Hessian, and Calman A. Levin on the brief, for appellant.

Richard C. Murray, with whom were Smith & Harrison and Marcy M. Ehudin on the brief, for appellee.

The cause was argued before BRUNE, C.J., and PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.


HORNEY, J., delivered the opinion of the Court.

This appeal involves the disposition of the proceeds of a promissory note attached by a judgment creditor in the hands of garnishees (subsequently paid into court) but awarded by the court to a claimant of the attached funds after a hearing in the attachment proceeding on the motion of the attaching creditor for a judgment of condemnation absolute.

The garnishees (Ruchs, Inc., and Herman E. Ruch and Mildred M...

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