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NATIONAL SURETY CORPORATION v. FISHER

No. 45641.

317 S.W.2d 334 (1958)

NATIONAL SURETY CORPORATION, a corporation, Plaintiff-Appellant, v. H. R. (Abe) FISHER, Defendant-Appellant, The Century Indemnity Company, a corporation, Intervenor-Respondent.

Supreme Court of Missouri, En Banc.

November 10, 1958.

Attorney(s) appearing for the Case

James H. Keet, Springfield, for plaintiff-appellant.

Allen, Woolsey & Fisher, Harold J. Fisher, Springfield, for appellant, H. R. (Abe) Fisher.

J. Weston Miller, John H. Fairman, Mayte Boylan Hardie (Miller, Fairman & Sanford, Springfield, on the brief), for respondent-intervenor.

EAGER, Judge.

Plaintiff, National Surety Corporation, instituted this suit by attachment on May, 26, 1954, against the defendant Fisher, and by summons in garnishment levied on a deposit standing in Fisher's name in the State Bank of Lebanon. The answer of the garnishee admitted a deposit of $8,593.62, and it subsequently paid that money to the clerk of the court. The respondent Century Indemnity Company intervened, claiming a prior right to the fund. Following a...

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