LAZARD BROTHERS & CO. v. BANQUE INDUSTRIELLE DE MOSCOW. (MIDLAND BANK, LTD., GARNISHEES.)

(1932) 44 Ll.L.Rep. 159

HOUSE OF LORDS.

Before Lord Buckmaster, Lord Blanesburgh, Lord Russell of Killowen, Lord Warrington of Clyffe and Lord Wright.

International law- Garnishee- Claim by appellants (judgment creditors of Russian bank) to garnishee debt owing by respondents to Russian bank- Judgment entered in favour of appellants against Russian bank in default of appearance- Order nisi granted by Roche, J.; refused by C.A.- Points for decision: (1) whether the Russian bank was a legal entity at the date of service of the writ; (2) whether, if the Russian bank were in existence, there was proper service of the writ; and (3) whether there was in fact, at the date of the garnishee order, any debt due from the Russian bank to the respondents - Evidence of foreign law- Duty of parties seeking to serve notice of writ out of the jurisdiction- R.S.C., Order 11, r. 8