Prince v. West End Installation Service, Inc.
Missouri Court of Appeals
1Opinion of the Court
CLEMENS, Judge.
Plaintiff Tony Prince got a judgment and execution against defendant West End Installation Service, Inc.; thereafter he sought to collect by garnishing defendant’s account on deposit in the garnishee-bank, Pioneer Bank and Trust' Company. The issue: May a garnishee-bank withhold a depositor’s funds to offset his unmatured loan? We say no.
When summoned on November 6, 1975, the garnishee-bank answered plaintiff’s interrogatories by denying it was indebted to defendant. Plaintiff denied this and the matter proceeded to trial.
An officer of the garnishee-bank testified: On the date…
2Cases cited4 opinions
- Murphy v. CarronSupreme Court of Missouri · 1976
- Adelstein v. Jefferson Bank and Trust CompanySupreme Court of Missouri · 1964
- Reppy v. ReppySupreme Court of Missouri · 1870
- Iler v. Rieger & Co.Missouri Court of Appeals · 1897
3Cited by6 opinions
- Retha D. Frierson v. United Farm Agency, Inc., the Merchants Bank, Intervenor Below. Retha D. Frierson v. United Farm Agency, Inc., the Merchants BankCourt of Appeals for the Eighth Circuit · 1989
- Stonitsch v. Commerce Bank of Kansas City (In Re Amco Products, Inc.)United States Bankruptcy Court, W.D. Missouri · 1982
- Wenneker v. Physicians Multispecialty Group, Inc.Supreme Court of Missouri · 1991
- Herd v. IngleMissouri Court of Appeals · 1986
- Martens v. Hadley Memorial HospitalDistrict Court, District of Columbia · 1990
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