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COMMERCE BANK OF LEBANON v. BERRY

No. 48982.

692 S.W.2d 830 (1985)

COMMERCE BANK OF LEBANON, N.A., Plaintiff-Appellant, v. Bill BERRY, Randy Morse, and Barbara Morse, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Southern Division.

June 11, 1985.

Attorney(s) appearing for the Case

John A. Layton, Cape Girardeau, for plaintiff-appellant.

John P. Heisserer, Richey, Price, Spaeth & Heisserer, Cape Girardeau, for defendants-respondents.

DOWD, Presiding Judge.

This appeal is from a judgment following a jury verdict in favor of the defendants in an action on a guaranty of a note.

On May 9, 1977, defendants gave to plaintiffs their written continuing guaranty of indebtedness of Medi-Mart, Inc., a corporation whose stock was owned by defendants. The agreement allowed for revocation of the guaranty by "service" on the plaintiff bank's president, vice-president, cashier, or secretary. On May 17...

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