This section is from the book "Canadian Banking Practice", by John T. P. Knight.
This section is from the "" book, by .
Question 476. - Jones and his wife have a joint account (either to draw). A garnishee order is served on the bank against Jones. Could his wife, after the service of the garnishee order, withdraw all or any part of the funds from the bank?
Answer. - We are of opinion, notwithstanding the English case of Macdonald v. Tacquah, 13 Q.B.D. 535, that the bank could not afford to take the risk of disobeying an order of the court to hold the deposit, especially as in certain cases the joint deposit might not mean a joint right of property. The special laws of the Province of Quebec would be additional reasons against such a course of action. We think the bank should wait until the rights of the parties have been determined in due course.
 
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