Legal Opinion

Prince v. West End Installation Service, Inc.

Missouri Court of Appeals

Decided December 12, 1978No. 40348PublishedCited by 6 opinions

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

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Adelstein v. Jefferson Bank and Trust CompanySupreme Court of Missouri · 1964
  3. Reppy v. ReppySupreme Court of Missouri · 1870
  4. Iler v. Rieger & Co.Missouri Court of Appeals · 1897

3Cited by6 opinions

  1. 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
  2. Stonitsch v. Commerce Bank of Kansas City (In Re Amco Products, Inc.)United States Bankruptcy Court, W.D. Missouri · 1982
  3. Wenneker v. Physicians Multispecialty Group, Inc.Supreme Court of Missouri · 1991
  4. Herd v. IngleMissouri Court of Appeals · 1986
  5. Martens v. Hadley Memorial HospitalDistrict Court, District of Columbia · 1990

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API