Southern States, Inc. v. Southwest Missouri Bank

MAUS, Judge.

By its first amended petition, the plaintiff seeks recovery upon four counts. The first and fourth counts are against only the defendant Southwest Missouri Bank (Bank). The second and third counts are against Bank and Bank officer Mills H. Anderson. Upon the Bank’s motion, the trial court dismissed Count I for failure to state a claim upon which relief could be granted. Rule 55.27. The trial court made that judgment final for purposes of appeal. Rule 81.06. The plaintiff appeals.

In general terms, the first amended petition seeks recovery upon the following theories. Count I seeks…