JENKINS v. SIMMONS

No. 55779.

472 S.W.2d 417 (1971)

James M. JENKINS, Plaintiff-Respondent, v. Lawrence Wilson SIMMONS and Elizabeth Miller Simmons, Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

November 8, 1971.


Attorney(s) appearing for the Case

Thomas A. Sweeny, Kansas City, for respondent; Popham, Popham, Conway, Sweeny, & Fremont, Kansas City, of counsel.

Robert Martin, William L. Oliver, Jr., Martin, Porter, Pringle, Schell & Fair, Wichita, Kan., James D. Veselich, Morris, King, Stamper & Bold, Kansas City, for appellants.


HOLMAN, Presiding Judge.

Plaintiff as administrator of the estate of Eleanore L. Miller, deceased, filed this suit to recover on two promissory notes allegedly signed by defendants. The note involved in the first count of the petition was dated March 19, 1956, in the principal amount of $20,000, upon which it was alleged that payments totaling $9,657 had been made leaving a balance due of $12,204.74. The second count involved a note for $18,113 dated October 21, 1957...

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