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CITIZENS BANK OF WARRENSBURG v. OGDEN EQUIPMENT

No. KCD 27212.

541 S.W.2d 58 (1976)

The CITIZENS BANK OF WARRENSBURG, Appellant, v. OGDEN EQUIPMENT COMPANY, INC., et al., Respondents.

Missouri Court of Appeals, Kansas City District.

August 30, 1976.

Attorney(s) appearing for the Case

Garrett R. Crouch, C. B. Fitzgerald, Warrensburg, for appellant.

Edgar S. Carroll, Warrensburg, for respondents.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

ROBERT R. WELBORN, Special Judge.

Appeal from judgment for $5,695.56 against bank and in favor of payee of check, based upon nonpayment of check which bank officer represented to payee would be paid.

Tom Ogden was in the farm implement business in Warrensburg, operating as Ogden Equipment Company, Inc. ("Ogden"). Ogden banked with The Citizens Bank of Warrensburg. Late in 1966 and early in 1967, Ogden experienced financial difficulties. It had drawn a check...

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