[Download] "Coty v. Cogswell Et Al." by Supreme Court of Montana " Book PDF Kindle ePub Free

eBook details

Title: Coty v. Cogswell Et Al.
Author : Supreme Court of Montana
Release Date : January 15, 1935
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

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Attachment ? Cause of Action for Personal Injuries not Attachable as Personal Property nor as Debt. Attachment ? Cause of Action in Tort not Attachable Before Judgment Rendered Thereon. 1. Held, that a cause of action in tort (for personal injuries) is neither a "chose in action" which may be classed as personal property nor a "debt," and therefore is not subject to attachment prior to judgment rendered thereon. (Sec. 9267, Rev. Coles 1921.) Same ? What Constitutes Attachable Debt. 2. In order to constitute a "debt" made attachable by section 9267, supra, the obligation must be due at the time of service of the writ or become due at some future period; it must be absolutely payable and not dependent on any contingency. Same ? Cause of Action for Personal Injuries Held not Attachable ? Case at Bar. 3. Under the above rules, held, that where the holder of a promissory note instituted suit thereon and attached a cause of action of the debtor for personal injuries which was compromised by the payment of a sum of money to the injured plaintiff, the court properly sustained a demurrer to a complaint in which it was sought to hold the defendant in the personal injury action liable for the amount of the unpaid judgment in the suit on the note because of his disregard of the attachment levied in making the settlement; the cause of action not having been subject to attachment, defendant was not liable for failing to recognize it.