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