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PEARSON GRAIN COMPANY v. PLAINS TRUCKING CO., INC.

No. 8362.

494 S.W.2d 639 (1973)

PEARSON GRAIN COMPANY, Appellant, v. PLAINS TRUCKING COMPANY, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied May 29, 1973.

Attorney(s) appearing for the Case

Key, Carr, Evans & Fouts, Donald M. Hunt, Lubbock, for appellant.

Stovall & Stovall, R. F. Stovall, Plainview, for appellee.

REYNOLDS, Justice.

In this garnishment action, the trial court held that a check issued and mailed prior to, but paid after, service of a writ of garnishment discharged the indebtedness sought to be impounded by garnishment. Affirmed.

In February, 1972, Pearson Grain Company secured a judgment against Robert Wilson and Jake Wilson, dba Wilson Grain Company, in the sum of $22,500.00 exclusive of interest and costs. On May 19, 1972, Pearson Grain Company applied...

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