Capital Services, Inc. v. Dahlinger Pontiac-Cadillac, Inc.
Court of Appeals of Kansas
1Opinion of the Court
Woleslagel, J.:
The Kansas State Bank and Trust Company (Bank) appeals a judgment holding that deposits in an account of its customer, Dahlinger Pontiac-Cadillac, Inc. (Dahlinger), were subject to an order of garnishment issued by Capital Services, Inc. (Capital), Dahlinger’s judgment creditor. This account was maintained to provide funds to meet Dahlinger’s payroll, Dahlinger then being in financial difficulty.
All deposits to this account were made from funds furnished by the Bank. The background for this was that both Dahlinger and the Bank were trying to keep ailing Dahlinger in business…
2Cases cited12 opinions
- Denison State Bank v. MadeiraSupreme Court of Kansas · 1982
- Gilley Ex Rel. Gilley v. FarmerSupreme Court of Kansas · 1971
- Lostutter v. Estate of LarkinSupreme Court of Kansas · 1984
- Burlington & Missouri River Railroad v. ThompsonSupreme Court of Kansas · 1884
- Samuel Kaufman, as Trustee in Bankruptcy of A-Ok Motor Lines, Inc. v. The First National Bank of Opp, AlabamaCourt of Appeals for the First Circuit · 1974
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3Cited by5 opinions
- LSF FRANCHISE REO I, LLC v. Emporia Restaurants, Inc.Supreme Court of Kansas · 2007
- Royal Bank of Pennsylvania v. SeligSuperior Court of Pennsylvania · 1994
- Bank One, Pikeville v. Commonwealth, Natural Resources & Environmental Protection CabinetCourt of Appeals of Kentucky · 1995
- LSF Franchise REO I, LLC v. Emporia Restaurants, Inc.Court of Appeals of Kansas · 2006
- Guelich Explosive Co. v. Soberdash Coal Co., Pennsylvania Court of Common Pleas, Somerset County1992