LIVINGSTON v. WEBSTER COUNTY BANK

No. 18582.

868 S.W.2d 154 (1994)

Richard LIVINGSTON and Jane Livingston, husband and wife, and Livingston Jewelers, Inc., a Missouri corporation, Plaintiffs-Appellants, v. WEBSTER COUNTY BANK, a banking corporation, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

January 3, 1994.


Attorney(s) appearing for the Case

Christopher J. Stark, Springfield, for plaintiffs-appellants.

John W. Sims, Marshfield, for defendant-respondent.


FLANIGAN, Presiding Judge.

On November 18, 1991, plaintiffs Richard Livingston and Jane Livingston filed a three-count petition in the Circuit Court of Webster County against defendant Webster County Bank. The trial court sustained the bank's motion to dismiss. Plaintiffs appeal.

Plaintiffs contend that the trial court erred in dismissing this action for several reasons, including the following: "The court improperly considered facts raised in defendant's...

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