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

Garnishee owing note to defendant, latter may be required to producesame in court--proceedings.

525.280. If it shall be made to appear that any garnisheehad, before his garnishment, executed to any defendant anegotiable promissory note, which, at the time of thegarnishment, was unpaid, the court, or the judge thereof, mayorder the defendant to deliver the same into the court; and ifthe defendant, in showing cause for the nondelivery thereof,allege an endorsement or delivery thereof to some other personbefore the order of the court came to his knowledge, the fact ofsuch transfer and the consideration and good faith thereof may beinquired into and determined by the court; and in order thereto,the alleged endorsee or transferee and the defendant may beexamined, on oath, in open court, and if it appear that suchendorsee or transferee holds the same by a fraudulent endorsementor delivery, the court may order him to deliver such note intocourt. Any order of delivery made in pursuance hereof may beenforced by attachment of the body of the party to whom it isdirected. When any note shall be delivered into court, inpursuance of this section, the court shall take proper measuresto cause any endorsers thereon to be notified, at its maturity,of its nonpayment.

(RSMo 1939 § 1587)

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