Tanner v. Gash

■SHANGLER, Presiding Judge.

The plaintiff Tanner asserts a civil cause of action for an attorney fee against the defendant Gash on the breach of § 561.460, RSMo 1969, which renders it a crime for a maker, with intent to defraud, to issue a check for a past obligation with knowledge that the account has not sufficient funds for payment. The circuit court dismissed the petition and the plaintiff brings appeal.

The petition alleges that defendant Gash caused a check for $5,000, in settlement of past obligations,1 to be drawn against the corporate account of Kimberly Industries2 at the Roeland Park…