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GUARANTY BANK & TRUST v. SMITH

No. 21364.

952 S.W.2d 787 (1997)

GUARANTY BANK & TRUST, Plaintiff-Respondent, v. Lawrence Lee SMITH and L.B. Smith Co., Inc., Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

September 26, 1997.

Attorney(s) appearing for the Case

Douglas R. Nickell & Greg W. Pearman, Miller & Sanford, P.C., Springfield, for Appellant.

J. Donald Lysaught, Jr., Joplin, Mustain, Higgins, Kolich, Lysaught & Tomasic, Chartered for Respondent.

BARNEY, Judge.

This action was brought by Guaranty Bank & Trust (Plaintiff bank) against Lawrence Lee Smith (Defendant Smith) and L.B. Smith Co., Inc. (Defendant L.B. Smith Company), to recover funds paid to L.B. Smith Company contrary to a stop-payment order. The trial court granted summary judgment to Plaintiff bank against both Defendants in the sum of $18,198.00 (the amount of the check), plus interest and costs. Defendants appeal.

On December 4, 1995...

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