Citizens State Bank v. Jones, (1930)
Court: Supreme Court of Florida
Number:
Visitors: 13
Judges: PER CURIAM. —
Attorneys: Moses Guyton, for Appellants;
Carter, Solomon, Welch Pierce, for Appellees.
Filed: Dec. 16, 1930
Latest Update: Mar. 02, 2020
Summary: Appellees as petitioners below obtained an injunction restraining the Citizens State Bank from paying out any money from a deposit of Henry Martin in its custody until a judgment could be secured by petitioners in a suit at law against Henry Martin for an alleged breach of warranty in a deed to property made him by petitioners. An answer was filed and a hearing was had before a master; and after a hearing upon the master's report of the testimony a permanent injunction was granted, from which th
Summary: Appellees as petitioners below obtained an injunction restraining the Citizens State Bank from paying out any money from a deposit of Henry Martin in its custody until a judgment could be secured by petitioners in a suit at law against Henry Martin for an alleged breach of warranty in a deed to property made him by petitioners. An answer was filed and a hearing was had before a master; and after a hearing upon the master's report of the testimony a permanent injunction was granted, from which thi..
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I concur in the reversal of the decree, and in the opinion, excepting one feature of the latter. When Martin deposited the money in the bank, the money lost its identity, and the relation of debtor and creditor was established. Even if the suit for breach of warranty had been reduced to judgment, I do not see how the debt of the bank to Martin could have been subjected to the payment of such judgment over Martin's
claim of personal property exemption. The suit for breach of warranty is a suit for damages for breach of covenant. No trust, in my opinion, attached to the purchase money paid to Martin.
Source: CourtListener
