Roberts v. Meek

• Decision Date: 11 January 1931
• Docket Number: No. 17200.,17200.
• Citation: 45 S.W.2d 537
• Court: Missouri Court of Appeals
• Parties: ROBERTS v. MEEK (GREENE COUNTY BUILDING & LOAN ASS'N, Garnishee).

45 S.W.2d 537

ROBERTS v. MEEK (GREENE COUNTY BUILDING & LOAN ASS'N, Garnishee).

No. 17200.

Kansas City Court of Appeals. Missouri.

January 11, 1931.

Appeal from Circuit Court, Livingston County; Ira D. Beals, Judge.

"Not to be officially published."

Action by Clyde Roberts against Francis J. Meek, in which the Greene County Building & Loan Association was made garnishee. From the judgment for plaintiff, the garnishee appeals.

Reversed.

Hamlin, Hamlin & Hamlin, of Springfield, for appellant.

Robert C. Frith, of Chillicothe, for respondent.

BOYER, C.

The Greene County Building & Loan Association was served with notice of garnishment in the above-entitled cause May 2, 1929. Interrogatories were filed which were answered by the garnishee to the effect that it was not at any time in possession of any goods or money belonging to defendant Meek; that it was not at any time indebted to him in any sum whatever, nor had it become so indebted between the date of the service of the garnishment and the date of the answer; and that it was not at any time bound in any contract to pay him any money.

In reply to the answer, plaintiff alleged that the defendant had been employed by the garnishee from the date of the notice to September 2, 1929, as district manager, and that the garnishee owed defendant during the period of the garnishment large sums of money; that the association had entered into a contract of employment with defendant whereby it was obligated to pay him semimonthly for his services; that under said contract the garnishee owes, or did owe, defendant an amount unknown to plaintiff.

On the trial there was evidence of the following facts: Defendant, Meek, had been employed as district agent for the garnishee at St. Joseph, Mo., for some time prior to December 1, 1928, under a contract which provided that "the Association may offset against any claim for commission under this contract any debt or debts due from the district or sub-agent." On the last-named date Meek was indebted to the association in the sum of $4,690.59. At that time there was a rearrangement and a supplemental contract entered into between the association as party of the first part and Meek and his wife as parties of the second part, by the terms of which the wife of defendant was to receive and handle all the income of the office at St. Joseph and to deposit same in a named bank, subject only to the draft or check of the president or secretary of the association. Certain collateral securities were pledged for the debt, and the second parties agreed to pay thereon the sum of $500 each month beginning January 10, 1929. The terms of the original contract were to remain in force, subject to the performance of the conditions of the new or supplemental agreement. Certain payments were made on the indebtedness to the association, and at the time, or shortly prior to the time, of the notice of garnishment, defendant still owed the association the sum of $3,443.49. Thereafter, and until September 25, 1929, other credits had been made upon the debt on account of earned commissions of the office at St. Joseph, until said debt was then reduced to the sum of $1,113.19, and this was about the status of the...