AMERICAN BANK v. WEGENER

No. WD 41528.

776 S.W.2d 922 (1989)

AMERICAN BANK, Appellant, v. Gilbert J. and Dorothy WEGENER, Defendants, and Anson Implement, Inc., Respondent, and Phoenix Mutual Life Insurance Company, Defendant.

Missouri Court of Appeals, Western District.

September 26, 1989.


Attorney(s) appearing for the Case

J. Kent Emison, Carter J. Ross, Bradley, Langdon, Bradley & Emison, Higginsville, for American Bank.

Charles H. Green, III, Higginsville, for Anson.

Don Chapman, Chillicothe, Gilbert & Dorothy Wegener, Higginsville, for Phoenix.

Before CLARK, P.J., and LOWENSTEIN and BERREY, JJ.


CLARK, Presiding Judge.

At issue in this case is the question of what amount of interest the holder of a secured promissory note may recover from the proceeds of sale of the mortgaged property on foreclosure by the holder of a junior mortgage debt. The trial court held the note in question to allow compound interest. American Bank, holder of the junior note, appeals contending that only simple interest should have been...

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