CITIBANK SOUTH DAKOTA N.A. v. WHITELEY

No. 25925.

149 S.W.3d 599 (2004)

CITIBANK (SOUTH DAKOTA) N.A., A Bank Corporation, Plaintiff-Respondent, v. Danny H. WHITELEY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

November 23, 2004.


Attorney(s) appearing for the Case

Daniel T. Moore, Moore & Walsh, L.L.P., Poplar Bluff, for appellant.

Mayer S. Klein, Michael J. Payne, Frankel, Rubin, Bond, Dubin, Siegel & Klein, P.C., St. Louis, for respondent.


JOHN E. PARRISH, Presiding Judge.

Citibank (South Dakota) N.A., (plaintiff) brought a suit on account against Danny H. Whiteley (defendant). The case was heard by the trial court without a jury. Judgment was entered for plaintiff in the amount of $4,218.58 principal, interest in the amount of $728.14, and costs. Defendant appeals. This court reverses and remands with directions.

Plaintiff's petition alleged defendant was "indebted to it on account of goods...

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