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KARNER v. WILLIS

No. 56,535

238 Kan. 246 (1985)

710 P.2d 21

HERBERT R. KARNER and RUTH D. KARNER, Plaintiffs-Appellants, v. JIM WILLIS and RONALD F. LLOYD, a/k/a RON LLOYD, et al., Defendants-Appellees, v. KANOPOLIS STATE BANK, Garnishee/Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1985.

Attorney(s) appearing for the Case

Dennis J. Keenan, of Keenan, Mauch & Keenan, P.A., of Great Bend, argued the cause, and Phillip Eugene Porter, of the same firm, was on the brief for appellants.

Ron Svaty, of Aylward, Svaty & Sherman, of Ellsworth, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is a dispute between two judgment creditors and a garnishee bank over funds held by the bank in the defendant Lloyd's bank account. In answer to the garnishment, the garnishee bank responded that it had no funds of the defendant because it had exercised its right of setoff against the defendant's account. The plaintiff creditors contended that the setoff was wrongful. The district court held in favor...

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