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PRINCE v. WEST END INSTALLATION SERVICE, INC.

No. 40348.

575 S.W.2d 831 (1978)

Tony PRINCE, Plaintiff-Appellant, v. WEST END INSTALLATION SERVICE, INC., Defendant, and Pioneer Bank & Trust Company, Garnishee-Respondent.

Missouri Court of Appeals, St. Louis District, Division Three.

December 12, 1978.

Attorney(s) appearing for the Case

Tony Prince, pro se, Lawrence O. Willbrand, St. Louis, for plaintiff-appellant.

Andrew L. Granat, St. Louis, for garnishee-respondent.

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...

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