On September 13, 1979, Barbara Shearer and Barbara Couvion signed a note for $22,500, with interest at
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On September 13, 1979, Barbara Shearer and Barbara Couvion signed a note for $22,500, with interest at 11 percent, payable in monthly installments of $232.25 to Edgar House and Paul Cook. House and Cook assigned the note to Southside Bank in Kansas City, Missouri. In 1997, the note was assigned to Midstates Resources Corp., which assigned the note to The Cadle Co. in 2000. According to the payment history that Midstates gave to Cadle, the interest rate on the note was 12 percent. A Cadle employee noticed the discrepancy and recalculated the payments at 11 percent. When Shearer and Couvion refused to make further payments on the note, Cadle filed a suit in a Missouri state court against them to collect. Couvion and Shearer responded that they had made timely payments on the note, that Cadle and the previous holders had failed to accurately apply the payments to the reduction of principal and interest, and that the note “is either paid in full and satisfied or very close to being paid in full and satisfied.” Is the makers’ answer sufficient to support a verdict in their favor? If so, on what ground? If not, why not?
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The court granted a directed verdict in Couvion and Shearers favor and Cadle a...View the full answer
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