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NAT'L BK. OF AUSTIN v. 1ST WISCONSIN NAT'L BK.

No. 76-158.

48 Ill. App.3d 915 (1977)

363 N.E.2d 619

NATIONAL BANK OF AUSTIN, Trustee, et al., Plaintiffs-Counterdefendants, v. FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE, Defendant-Counterclaimant-Judgment Creditor-Appellee. — (BKT ENTERPRISES et al., Judgment Debtors-Appellants; EASTWOOD MANOR WATER COMPANY, Garnishee-Appellant.)

Appellate Court of Illinois — Second District.

Opinion filed May 23, 1977.

Attorney(s) appearing for the Case

Joseph B. Cleary, of Deerfield, for appellants.

Robin G. Munden, of McDermott, Will & Emery, of Chicago, for appellee.

Judgment affirmed.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Whether past due installments of interest pursuant to a negotiable promissory note may be garnished prior to the maturity of the instrument is the issue in this appeal.

The First Wisconsin National Bank of Milwaukee, the judgment creditor, on July 29, 1975, filed an affidavit for nonwage garnishment1 (Ill. Rev. Stat. 1973, ch. 62, par. 33) alleging...

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