H.D. Smith Wholesale Drug Co. v. Morris

Missouri Court of Appeals

H.D. Smith Wholesale Drug Co. v. Morris

362 S.W.3d 27, 2012 WL 381649, 2012 Mo. App. LEXIS 147

CourtMissouri Court of Appeals

DecidedFebruary 7, 2012

DocketED 96513

StatusPublished

Cited by1 cases

This text of 362 S.W.3d 27 (H.D. Smith Wholesale Drug Co. v. Morris) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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H.D. Smith Wholesale Drug Co. v. Morris, 362 S.W.3d 27, 2012 WL 381649, 2012 Mo. App. LEXIS 147 (Mo. Ct. App. 2012).

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Opinion

ORDER

PER CURIAM.

Stanley E. Morris (“Morris”) appeals the judgment entered in favor of H.D. Smith Wholesale Drug Company (“H.D. Smith”) and against Morris in the amount of $3,326,948.33, plus interest. Morris contends the trial court erred in finding Morris personally liable to H.D. Smith under the personal guaranty because (1) H.D. Smith did not meets its burden of proof to demonstrate the signature by a preponderance of the evidence, and (2) Morris was released from the guaranty due to the signing of 2007 agreement which materially changed the obligations of SEM increasing the risk to Morris under the guaranty.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. An opinion reciting the detailed facts and restating principles of law would have no precedential value. However, the parties have been furnished with a memorandum for their information only, setting forth the reasons for this order. The judgment is affirmed in accordance with Rule 84.16(b).

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ORDER

PER CURIAM.

Stanley E. Morris (“Morris”) appeals the judgment entered in favor of H.D. Smith Wholesale Drug Company (“H.D. Smith”) and against Morris in the amount of $3,326,948.33, plus interest. Morris contends the trial court erred in finding Morris personally liable to H.D. Smith under the personal guaranty because (1) H.D. Smith did not meets its burden of proof to demonstrate the signature by a preponderance of the evidence, and (2) Morris was released from the guaranty due to the signing of 2007 agreement which materially changed the obligations of SEM increasing the risk to Morris under the guaranty.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. An opinion reciting the detailed facts and restating principles of law would have no precedential value. However, the parties have been furnished with a memorandum for their information only, setting forth the reasons for this order. The judgment is affirmed in accordance with Rule 84.16(b).

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362 S.W.3d 27, 2012 WL 381649, 2012 Mo. App. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hd-smith-wholesale-drug-co-v-morris-moctapp-2012.

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