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ERHART v. TODD

No. 46831.

325 S.W.2d 750 (1959)

W. P. ERHART, Executor of the Estate of Nelly A. Clark, Deceased, Respondent, v. Thomas G. TODD, Appellant.

Supreme Court of Missouri, Division No. 2.

July 13, 1959.

Attorney(s) appearing for the Case

Louis L. Hicks, Clayton, for appellant.

F. Wm. McCalpin, St. Louis, Lewis, Rice, Tucker, Allen & Chubb, Louis Glaser, St. Louis, of counsel, for respondent.

BOHLING, Commissioner.

This is an action by W. P. Erhart, executor of the estate of Nelly A. Clark, deceased, on a note for a balance claimed due from Thomas G. Todd, the maker, after the foreclosure of a second deed of trust on described real estate in St. Louis County, Missouri, said Nelly A. Clark being the original owner and payee of said note. Defendant appeals from a judgment in favor of plaintiff for $47,825, and contends the court erred in overruling his application...

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