CHICAGO TITLE INS. CO. v. MERTENS

No. 63293.

878 S.W.2d 899 (1994)

CHICAGO TITLE INSURANCE COMPANY, Plaintiff/Respondent, v. Louis F. MERTENS, III., Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

June 30, 1994.


Attorney(s) appearing for the Case

Barry S. Ginsburg, Clayton, for appellant.

Robert E. Jones, Clayton, for respondent.


SIMON, Presiding Judge.

Louis F. Mertens, III, appellant, appeals a judgment entered on a jury verdict in an action involving the assignment of a promissory note, in favor of Chicago Title Insurance Company, respondent. The jury also found appellant 66 2/3 per cent at fault on his counterclaim.

Appellant raises three points on appeal. First, that the trial court erred in submitting instruction number 12 on the counterclaim since comparative fault does not...

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