The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-01-29
WHO OWNS THE PIANO?
One Question Is Left Unsettled in a
Suit lust Decided.
From Thursdays Daily.

cIOm 1nurSudyS Dally.
Who owns, the piano is the only ques-
ton left unsettled in the order filed yes
terday by Judge Caldwell in the case
of the National Citizens bank VS.. c. E.
Gilbertson, defendant, and W. R. Ham
NETT, Sarah Martin and Hannah John
son, garnishees.
The original suit was commenced by
the bank over a year ago to recover on
la $500 note, executed by Gilbertson to
the World Stock Food company and by
that company assigned to the bank.
Judgment was rendered by default in
favor of the bank in June, 1908. At the
same time as the suit was brought, the
bank garnished all Gilbertson's household
furniture, which he was not at that time
actually using. amounting in value, to
about $1,000
The Gilbertson family at the time
of the commencement of the suit had
been living in a dwelling at 306 Willard
street, which they rented from Mrs.
Sarah Martin. The family being away
for some time, Mrs. Martin came to the
conclusion that they had given up the
house, and rented the dwelling out to
another family by the name Of John
son. The Gilbertson furniture she caused
all to be removed from there and
placed in storage in the care of w. r.
Hammitt with the exception of piano,
which she kept in the house to make
sure that the rent owed her by Gilbert
son would be paid. This piano she kept
in room by itself under lock and key.
Not long after the suit had been
brought by the bank and the garnish-
ment papers served, Mrs. Thea b. Gill
bertson, wife of the defendant came for
ward with the plea that all the house
hold furniture in question belonged to
her and could not be seized to satisfy her
husbands obligations. By proceedings in
replevin she secured possession not only
of the furniture that Mrs. Martin had
stored with Mr.. Hammett but of the
piano as well.
A motion was made by Attorneys H. L.
& J. w. Schmitt on behalf of the bank
for an order directing judgment against
the garnishees in favor of the bank. This
motion was argued by these attorneys
and by S. B. Wilson on behalf of Mrs.
Gilbertson before Judge Caldwell on Nov.
IL, 1908.
Yesterday the judge filed an order Civ
ing the bank judgment against the gar
nishee, w. r. Hammett, and ordering
him to turn over to the sheriff the chat
tells stored by Mrs. Martin with him,
and further ordering these same chattels
to be sold at public vendue to satisfy the
Judgment the bank holds against Gil
bertson Mr. Hammitt ef course has
not possession of these chattels and if
they cannot be secured from Mrs. Gil
bertson, then the bondsmen on the bond
filed by Mrs. Gilbertson, must stand good
for the amount of the judgment. The
court denies judgment against Mrs.
Hannah r. Johnson at the present time,
but Mrs. Giibertson, who made a claim
for the piano, is given twenty days after
the service of the order of the court on
her, to file a complaint for her claim
on the piano. If she fails to do this,
Judgment will be ordered commanding
Mrs johnson to turn over the piano
to be sold by the sheriff and the pro-
ceeds applied to the plaintiffs Judgment.
In this event, the bondsmen will again
have to stand good for the amount that
would have been recovered out of the
sale of the piano, if the article cannot
be recovered.