Bishop v. United Missouri Bank of Carthage

GREENE, Chief Judge.

Defendant, United Missouri Bank of Carthage, appeals from an order and judgment of the trial court sustaining John and Mary Bishop’s motion for summary judgment on count II of their first amended petition, and for summary judgment in the Bishops’ favor on the bank’s counterclaim. Count II of the first amended petition sought a declaratory judgment that the Bishops, as comakers, were discharged under § 400.3-606 1 from any obligation on a promissory note since the other comakers to that note had been released by the bank. The bank’s counterclaim was for the unpaid balance…