GUS T. HANDGE & SON PAINTING CO. v. FIRST BANK & TRUST CO.

No. 54250.

756 S.W.2d 652 (1988)

GUS T. HANDGE & SON PAINTING COMPANY, a corporation, Appellant, v. FIRST BANK & TRUST COMPANY, successor in interest to First Missouri Bank & Trust Company of Creve Coeur, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

September 6, 1988.


Attorney(s) appearing for the Case

Richard A. Stockenberg, Richard H. Travers, St. Louis, for appellant.

Gene J. Brockland, Caruthers, Herzog, Crebs & McGhee, St. Louis, for respondent.


CRIST, Judge.

Appellant (corporate maker) appeals from a judgment denying its claim of overpayment of interest above the statutory rate on a promissory note executed in favor of respondent (bank). We affirm.

Corporate maker asserts the trial court erred by not setting the interest rate at the statutory rate of 9% under § 408.020, RSMo 1986. Corporate maker's theory is the note is not a sufficient writing to demonstrate an agreement to a different rate...

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