Western Casualty & Surety Co. v. Kansas City Bank & Trust Co.

CLARK, Presiding Judge.

Western Casualty and Surety Company sued the Kansas City Bank and Trust Company to set aside a prior transfer of property to the bank by one Joe H. Bryan who was indebted both to the bank and to Western on unrelated obligations. Western’s suit was based on a claim that the bank had received a preference in the transfer and that Western was entitled to have the transaction set aside under § 428.020, RSMo 1986, as in fraud of Bryan’s creditors. The trial court entered a judgment for the bank and denied Western leave to file an amended petition, all purporting to have been…