Adam Gasper & Kristie Remster Orme successfully enforce Missouri Credit Agreement Statute and obtain favorable settlement for bank


McDowell Rice successfully enforced the Missouri Credit Agreement Statute in a guaranty enforcement action to bar a co-guarantor’s counterclaims for fraudulent misrepresentation, negligent misrepresentation, and breach of contract based on an alleged oral agreement by the bank to limit the co-guarantor’s liability to his proportionate share of the debt. Following the Court’s denial of the co-guarantor’s Motion for Leave to Amend Answer and Counterclaims, denial of the co-guarantor’s Motion for Reconsideration, grant of the bank’s Motions in Limine and grant of the bank’s Motion to Strike Jury Demand, a favorable settlement was reached in favor of the bank. Adam Gasper handled the briefing and Kristie Remster Orme handled the oral arguments before Judge Fahnestock in Jackson County Circuit Court. 

 

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