American Nat. Bank & Trust Co. v. Byrd

Dissenting Opinion.

Griffith, J.,

delivered a partially dissenting opinion.

While I concur in the conclusion that the peremptory charge requested by the appellant bank was properly refused, I dissent from the allowance of any punitive damages. The facts do not justify any such an award. Appellant is condemned as having acted wilfully and oppressively when the record critically examined does not support that conclusion. And a striking feature which cannot escape attention is that appellant is condemned for acting on the advice of its attorney when one member of this Court now holds and maintains…