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FULTON NATIONAL BANK v. CALLAWAY MEMORIAL HOSP.

No. 55294.

465 S.W.2d 549 (1971)

FULTON NATIONAL BANK, a National Banking Association, Appellant, v. The CALLAWAY MEMORIAL HOSPITAL, and Earl S. Kennett, Frederick R. Rosser, Robert A. Briggs, Christy Krebs and David Haden, Trustees of the Callaway Memorial Hospital, Respondents.

Supreme Court of Missouri, Division No. 2.

April 12, 1971.

Attorney(s) appearing for the Case

Frank B. Edwards, Edwards, Seigfreid & Runge, Mexico, for appellant.

C. E. Hamilton, Jr., Fulton, for respondent.

HENRY I. EAGER, Special Commissioner.

Plaintiff, in a third amended petition, sought recovery of $26,404.35, plus interest and attorneys' fees, from the Callaway Memorial Hospital and its trustees. Suit was first instituted on March 15, 1967. The first count was upon various notes which the hospital had allegedly endorsed; the second count was for money had and received, supposedly accruing because of money paid for the purchase of the same notes. The trial court...

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