Monett State Bank v. Rathers

This case was certified to this court by the Springfield Court of Appeals because of alleged conflict with the opinion of the Kansas City Court of Appeals in the ease of DeBuhr v. Thompson & Maxwell, 134 Mo. App. 21, 114 S. W. 557. The opinion of the Springfield Court of Appeals appears in 259 S. W. 489.

The action was on a promissory note! Trial was before the court without a jury. Judgment wont for plaintiff. Defendant appealed. The Springfield Count of Appeals reversed the judgment and remanded the ease for new trial.

Appellant and one Ring (deceased) were makers of the note in suit. It was…