Garnishee Summons - whatever happened to Great Great Grandad?

[AngelaR]

I have a pretty full history of this side of my family. My gg grandfather, George Virgin was born in 1824 in Membury Devon and was part of a family of tenant farmers(dairymen) who saw themselves as a cut above, not just your common ag lab, so kept relationships within the group. He married Ann Beer, daughter of another dairy farmer, and produced a rather predictable family.

However, having followed George's life up until his wife's death in 1880 and his entry in the 1881 census with his remaining unmarried children plus his recently widowed son Henry plus his kids, he disappears. No sign of him in 1891 and the only thing I know about him is from his death certificate in 1896.

BUT, I recently came across a newspaper from 1884 cutting naming him and am intrigued.... it said

A QUESTION OF IDENTITY – Benjamin Lamb Powne v Stuckey’s Banking Company. – Plaintiff, a surgeon living at Chard, sued the defendant for £6 2s, on a garnishee summons. – Mr James Taylor appeared on behalf of the company, and said that there were no funds in the bank to the account of Geo. Virgin, the defendant in the case in which Dr Powne had to appear. – Plaintiff said that Virgin formerly lived at Chard, and had now moved to Membury. – Mr Taylor said that the Company were not certain that the George Virgin, of Membury, was the same person who had money in the bank. – His Honour said that the name of George Virgin was very uncommon and peculiar, and the answer of Mr Taylor was so evasive that he should assume that the money in the bank belonged to Virgin, of Membury. He therefore gave judgement for Plaintiff

The way I read this is that Dr Powne was trying to recover costs arising from a case (?) in which George was defendant. He couldn't get the money from George so went after the bank.

My query is - what was the case George was involved in? Whatever happened to him that Dr Powne couldn't recover the costs directly? And where was he in 1891?

If anyone can shed any light on this at all, I should be very grateful 

[KGarrad]

From The Free Dictionary:

A legal procedure by which a creditor can collect what a debtor owes by reaching the debtor's property when it is in the hands of someone other than the debtor.

Garnishment is a drastic measure for collecting a debt. A court order of garnishment allows a creditor to take the property of a debtor when the debtor does not possess the property. A garnishment action is taken against the debtor as defendant and the property holder as garnishee. Garnishment is regulated by statutes, and is usually reserved for the creditor who has obtained a judgment, or court order, against the debtor.

A debtor's property may be garnished before it ever reaches the debtor. For example, if a debtor's work earnings are garnished, a portion of the wages owed by the employer go directly to the Judgment Creditor and is never seen by the debtor.

[lizdb]

Where was he when he died in 1896?

[AngelaR]

Thanks KGarrad - that matches up with what I gleaned from other sources and confirms the fact that poor old George, wherever he was, wasn't up to paying any debts 

Lizdb - he was back in his home village of Membury, at a farm called Gappers, occupied by his sister, Ann Beer, his niece and her husband. The informant on the death certificate was the niece's husband, John James Northcote.

I think George, his sister Ann, and niece Emily were quite close, so was surprised not to find him with them at Gappers in 1891.

The cause of death on the certificate is also interesting, hence the hunt for him in asylums etc -
'Diseased Brain 2 yrs, Epilepsy 6 days, Coma 2 days'

However, he was running a farm in 1881 and this was 15 years later, so I don't think the 'diseased brain', whatever that is, could have contributed to his troubles in 1884 

All ideas welcomed 

[youngtug]

Looks like Dr. Powne died in 1908. Maybe, only maybe, the same solicitors dealt with the case against George Virgin.  http://www.london-gazette.co.uk/issues/28177/pages/6719

[AngelaR]

Thanks for that one, YT - I shall do some appropriate burrowing in the Somerset Archives....

[youngtug]

Just in case;  http://heritagearchives.rbs.com/wiki/Stuckey%27s_Banking_Co_Ltd,_Taunton,_1826-1909

[AngelaR]

Thanks, YT  It looks a promising avenue to explore. I shall get in touch with them and report back. Thanks again

Angela