JOHNSON v. FOTIE

No. 46049.

308 S.W.2d 662 (1958)

Fred F. JOHNSON and Selectivend Corporation, a corporation, Appellants, v. Nadina V. FOTIE, Individually and as Trustee; Claudette Fotie, Nanette Fotie, Jeanette Fotie, Paulette Fotie and James Arthur Fotie, Minors; and Grace O. Hope, Respondents, and Perrin D. McElroy, Administrator of the Estate of Joseph A. Fotie, deceased; and Kansas City Life Insurance Company, a corporation; Phoenix Mutual Life Insurance Company, a corporation; Penn Mutual Life Insurance Company, a corporation; and Aetna Life Insurance Company, a corporation, Defendants.

Supreme Court of Missouri, Division No. 2.

January 13, 1958.


Attorney(s) appearing for the Case

W. Raleigh Gough, Kansas City, for appellants.

R. C. Tucker, John Murphy, William H. Wilson, J. Gordon Siddens, Tucker, Murphy, Wilson & Siddens, Kansas City, for respondents.


STOCKARD, Commissioner.

Plaintiffs, Fred F. Johnson and Selectivend Corporation, have appealed from an adverse judgment in their suit in the nature of a creditors' bill.

Plaintiffs went to trial on their third amended petition (the prior petitions are not in the record) which is in one count and in which they alleged that they loaned substantial sums of money to the Rex Welder and Engineering Company (hereafter referred to as "Rex Welder"), in reliance upon...

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