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FIDELITY STATE BANK AND & TR. CO. v. GIBSON

No. 28874.

568 S.W.2d 574 (1978)

FIDELITY STATE BANK AND TRUST COMPANY, Plaintiff-Appellant, v. T. H. GIBSON, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District, Division One.

July 3, 1978.

Attorney(s) appearing for the Case

J. R. Fritz, Lamm, Barnett, Crawford & Fritz, Sedalia, for plaintiff-appellant.

James T. Buckley, Brown, Buckley & Cassing, Sedalia, for defendant-respondent.

Before SHANGLER, P. J., WASSERSTROM, J., and CLARK and HANNA, Special Judges.

FOREST W. HANNA, Special Judge.

The single issue for resolution is the trial court's refusal to allow in evidence a note executed by William O. Lemons on June 25, 1971, to the plaintiff bank in the amount of $29,198.37. More specifically, we must determine whether that particular note should have been pleaded by the plaintiff as "special damages."

On April 21, 1971, William O. Lemons and his partner, Charles Allee, went to the plaintiff bank in Topeka, Kansas...

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