MORRIS PLAN CO. v. BROADWAY NAT. BANK, ETC.

No. WD 30559.

598 S.W.2d 557 (1980)

The MORRIS PLAN COMPANY OF ST. JOSEPH, a Corporation, Appellant, v. The BROADWAY NATIONAL BANK OF KANSAS CITY, a Corporation, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 5, 1980.

Application to Transfer Denied June 10, 1980.


Attorney(s) appearing for the Case

Wendall E. Koerner, Jr., Suzanne Bocell Bradley, St. Joseph, for appellant; Brown, Douglas & Brown, St. Joseph, of counsel.

Duke W. Ponick, Jr., Kansas City, for respondent.

Before KENNEDY, P. J., and PRITCHARD and SWOFFORD, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 5, 1980.

PRITCHARD, Judge.

The issues are whether the trial court properly granted summary judgment for respondent bank upon the theory (1) that certain checks drawn upon it by Taylor Trailer Sales, Inc., to appellant did not constitute an assignment of the funds to appellant; and (2) whether a genuine issue of fact existed precluding summary judgment...

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