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bankruptcy proceedings, and a final judgment was entered against
Robert C, Amann on March 21, 1979.
Robert C. Amann, also known as Robert C. Amann, Sr.,
will be hereinafter referred to as Defendant.
Defendant is president and manager of U.S. General, -
- Inc., the Garnishee. Defendant's son, Robert,C. Amann, Jr., is
the sole stockholder of Garnishee.
A writ of garnishment seeking to collect a judgment -
against Defendant. was duly issued in the amount of $58,484.36,
and was duly served upon Garnishee on September 12, 1979.
An answer denying any indebtedness to Defendant was
served by Garnishee on September 21, 1979, and Plaintiff has
traversed the answer in a timely manner.
On July 17, 1978, Garnishee executed and delivered a
promissory installment note in the principal amount of $5,200
to the Defendant. Said note was marked "Paid in Full" by the
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been made on that particular note.
On July 17, 1978, Garnishee also executed and delivered
a promissory note due January 17. 1978, in the principal amount
of $25,000, and said note was also marked "Paid in Full" by the
said Defendant on June 15. 1979, at which time Defendant did
j receive $27,.180.85-for principal and interest on the particular
i note
On July 17, 1978, Defendant lent Garnishee various small
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tools, equipment and miscellaneous materials. and said vroperty
was also transferred to Garnishee by absolute bill of sale on
June 15, 1979, without any compensation having been given therefor.
t
~ During the time. between service of the writ and answer
d
a thereto, Defendant received benefits from Garnishee of the use of
a home, furniture, utilities and a motor vehicle in return for
his services as president and working manager of the corporation.
Defendant has never received-any salary from Garnishee.
Garnishee corporation was formed by the former wife
~ and two sons of Defendant, with the actual involvement of Defendant, ~
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