Montrose Savings Bank v. Landers

BERREY, Judge.

Montrose Savings Bank (hereinafter “bank”) instituted suit, in the Circuit Court of Jackson County, against Darwin C. Lan-ders (hereinafter “appellant”) for payment upon thirteen promissory notes which had been obtained by fraud and deceit. Appellant, in a motion for summary judgment and thereafter in a motion for a directed verdict, raised the affirmative defense of a covenant not to sue as a complete bar to this litigation. The court denied both motions and following trial, without the aid of a jury, entered judgment for the bank awarding $13,838.00 in actual damages, $250.00…