MADISON-HUNNEWELL BANK v. HURT

No. 65766.

903 S.W.2d 175 (1995)

MADISON-HUNNEWELL BANK, Plaintiff/Appellant, v. John T. HURT and Martha Jane Hurt, husband and wife, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

February 28, 1995.


Attorney(s) appearing for the Case

Philip J. McIntosh, Campbell & Benson, Kirksville, for plaintiff/appellant.

Robert M. Clayton, II, Clayton & Rhodes, Hannibal, for defendants/respondents.


PUDLOWSKI, Judge.

This appeal arises from a "Petition on Notes" filed by Madison-Hunnewell Bank (Bank) against John T. and Martha J. Hurt. In the court-tried case, judgment was entered against John1 on Counts I and II of the petition. The court discharged Martha from any liability on the notes and awarded attorney's fees to the bank. The Bank appeals. We reverse and remand with instructions.

In 1980, John was retired and operated...

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