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BANK OF KIRKSVILLE v. SMALL

No. 69148.

742 S.W.2d 127 (1987)

BANK OF KIRKSVILLE, Respondent-Appellant, v. Jimmie SMALL, Appellant-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing and/or Motion to Dismiss Appeal Denied January 20, 1988.

Attorney(s) appearing for the Case

Russell E. Steele, Kirksville, for appellant-respondent.

Jay Benson, Kirksville, for respondent-appellant.

RENDLEN, Judge.

Suit on a promissory note. Plaintiff in Count I of its petition sought enforcement of a note dated May 25, 1972, alleging a balance due of $3,690.21 plus interest from December 4, 1981 and attorney's fees. Count II requested replevin of a mobile home alleged to be security for payment of the note.

Defendant denied the allegations of plaintiff's petition and asserted as affirmative defenses: payment; breach of contract; fraud in the inducement...

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