525.280 - Garnishee owing note to defendant, latter may be required to produce same in court — proceedings.

Steven Groce, Attorney Advertisement

If it shall be made to appear that any garnishee had, before his garnishment, executed to any defendant a negotiable promissory note, which, at the time of the garnishment, was unpaid, the court, or the judge thereof, may order the defendant to deliver the same into the court; and if the defendant, in showing cause for the nondelivery thereof, allege an endorsement or delivery thereof to some other person before the order of the court came to his knowledge, the fact of such transfer and the consideration and good faith thereof may be inquired into and determined by the court; and in order thereto, the alleged endorsee or transferee and the defendant may be examined, on oath, in open court, and if it appear that such endorsee or transferee holds the same by a fraudulent endorsement or delivery, the court may order him to deliver such note into court.Any order of delivery made in pursuance hereof may be enforced by attachment of the body of the party to whom it is directed.When any note shall be delivered into court, in pursuance of this section, the court shall take proper measures to cause any endorsers thereon to be notified, at its maturity, of its nonpayment.

(RSMo 1939 § 1587)

Prior revisions: 1929 § 1423; 1919 § 1873; 1909 § 2440

In chapter 525 Garnishments