Acker v. First Federal Savings & Loan Ass'n

SHANNON, Judge.

The defendant appeals a summary judgment of garnishment entered upon the following undisputed facts. On December 31, 1961, the defendant wrote a check to John B. Peters which was dated January 4, 1962. On the next business day after the check was written the defendant stopped payment on this check. Peters deposited this check in his account in a different bank on January 3, 1962, and on January 8, 1962, withdrew these funds. Peters’ bank received notice of the stop payment order on January 9, 1962.

The defendant has alleged that she made this check out under great fear of bodily…