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FIRST BANK & TRUST CO. v. MONTGOMERY

No. 10360.

570 S.W.2d 346 (1978)

FIRST BANK AND TRUST COMPANY, Plaintiff-Respondent, v. H. P. MONTGOMERY, Jr., Defendant-Appellant, and Henry C. Williams, Defendant.

Missouri Court of Appeals, Springfield District.

August 14, 1978.

Attorney(s) appearing for the Case

Gerald H. Lowther, C. Ronald Baird, Lowther, Johnson & Franks, Springfield, for defendant-appellant.

Thomas D. Dwyer, Springfield, for plaintiff-respondent.

Before BILLINGS, C. J., and TITUS and FLANIGAN, JJ.

FLANIGAN, Judge.

On October 23, 1973, H. P. Montgomery, Jr., appellant here, and another person, executed a promissory note in favor of First Bank and Trust Company (the bank), respondent here. On May 9, 1975, the District Court of Stephens County, Oklahoma, entered a money judgment, for the amount due on the note, in favor of the bank and against Montgomery.

On January 23, 1976, pursuant to Rule 74.79,1 the bank filed in the Circuit...

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