Wimberly ex rel. Bauer v. Furlow

PREWITT, Judge.

Plaintiff brought this action seeking to recover on a promissory note. Summary judgment was entered in favor of defendant. Plaintiff appeals.

On an appeal from summary judgment, this court reviews the record in the light most favorable to the party against whom the judgment was entered. ITT Commercial Finance v. Mid-Am. Marine, 854 S.W.2d 371, 376 (Mo. banc 1993). The party seeking summary judgment has to show a right to judgment based on undisputed facts. Id. at 378.

Defendant signed and delivered to plaintiff Lois Baber Wimberly a promissory note in the amount of $50,000 dated…