delivered the opinion of the court.
Santowsky v. First National, 211 Ill. App. 422 (1918)
June 14, 1918
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Illinois Appellate Court
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Gen. No. 23,642
211 Ill. App. 422
Louis Santowsky for use of Bank of Wisconsin, Appellee, v. First National Bank of Chicago and Chicago Metal Refining Company, Intervening Petitioner, Appellants.
Gen. No. 23,642.
(Not to he reported in full.)
Appeal from the Municipal Court of Chicago; the Hon. John A. Richabdson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
Affirmed.
Opinion filed June 14, 1918.
Statement of the Case.
Garnishment proceedings hy Louis Santowsky for use of Bank of Wisconsin against First National Bank of Chicago, garnishee. The Bank of Wisconsin had previously recovered a judgment of upwards of $2,000 against Louis Santowsky upon which execution was issued and returned unsatisfied. 'Subsequently the First National Bank of Chicago was served as garnishee. Answers to interrogatories revealed that at the time of the service of the garnishee summons there stood to the credit of Santowsky the sum of $941.71, being a balance of a checking account, subject to a prior assignment thereof from said Santowsky to the Chicago Metal Refining Company, which sum the bank had since paid in full to the latter. The Chicago Metal *423Refining Company was made a party as intervening claimant. From a judgment against the garnishee, it and the intervening petitioner appeal.
Abstract of the Decision.
Garnishment, § 130* — when shown that prior assignment of bank account was void. Finding that a purported prior assignment of a garnisheed bank account was void as in fraud of creditors and without consideration, held sustained by the evidence.
Bernard J. Brown, for appellants.
McCulloch & McCulloch, for appellee; Charles Kramer and Julius Moses, of counsel.