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SILVER v. JOHNSON

No. 23631.

362 S.W.2d 757 (1962)

Lawrence G. SILVER, Alpha Hawman, H. E. Hamann, and Harold Wright, Trustees in Charge of the Winding up of the Affairs of Stewartsville State Bank, a Former Corporation, Plaintiffs-Respondents, v. B. O. JOHNSON, Defendant-Appellant.

Kansas City Court of Appeals. Missouri.

December 3, 1962.

Attorney(s) appearing for the Case

Newhart & Zahnd, John W. Newhart, L. Glen Zahnd, Savannah, for appellant.

Miner & Martin, St. Joseph, Robison & Miller, Maysville, for respondents.

HUNTER, Presiding Judge.

This is a suit for the balance due on six promissory notes given in 1951 and March 1952, and for collection fees; brought by plaintiffs-respondents as Liquidating Trustees of the Stewartsville State Bank against defendant-appellant, B. O. Johnson who relied solely on the defense of payment.

Defendant asserted that on September 12, 1951, he made two payments in the sums of $1,028.03 and $957.93 respectively by checks drawn on the Stewartsville...

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