WENNEKER v. PHYSICIANS MULTISPECIALTY

No. 73432.

814 S.W.2d 294 (1991)

John W. WENNEKER and Burt M. Wenneker d/b/a Wenneker Delmar Partnership, Garnishors-Plaintiffs-Appellants, v. PHYSICIANS MULTISPECIALTY GROUP, INC., Defendant, and South Side National Bank in St. Louis, Garnishee-Respondent.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing September 10, 1991.


Attorney(s) appearing for the Case

John E. Bardgett, Mark H. Levison, Nelson L. Mitten, Clayton, for garnishors-plaintiffs-appellants.

Fortis M. Lawder, St. Louis, for garnishee-respondent.


BLACKMAR, Judge.

Here we treat of the right of a garnishee to set off claims it has against the judgment debtor. The essential facts are stipulated and both sides agree that there are no factual disputes. Most of the somewhat complicated facts are not necessary to the resolution of the legal issues.

The garnishor, Wenneker Delmar Partnership, recovered a judgment against Physicians Multispecialty Group, Inc. (PMG.) in the amount of $122,934.46, including attorney...

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