BANK OF ST. HELENS v. CLAYTON BANK

No. 34796.

502 S.W.2d 449 (1973)

BANK OF ST. HELENS, Respondent, v. CLAYTON BANK, Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing Denied December 7, 1973.


Attorney(s) appearing for the Case

Evans & Dixon, Ralph C. Kleinschmidt, St. Louis, for respondent.

Carter, Bull, Baer, Presberg & Lee, Richard O. Funsch, St. Louis, for appellant.


CLEMENS, Judge.

Defendant bank appeals from a summary judgment in favor of plaintiff bank wherein defendant was held liable as guarantor of an endorsement determined by a Kentucky court to be forged. Before the Kentucky action in which plaintiff was held liable, plaintiff wrote to defendant bank requesting it to defend the action. The issues here are two-fold: whether plaintiff's notice to defendant was sufficient to make the Kentucky judgment binding upon it and...

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