Gaffney v. Community Federal Savings & Loan Ass'n

KELLY, Judge.

Defendant, Community Federal Savings and Loan Association, appeals from an adverse judgment in the St. Louis County Circuit Court awarding plaintiffs, Michael and Marilyn Gaffney, $2,600 plus interest for actual damages, and $10,000 for punitive damages in an action by plaintiffs against defendant for unauthorized withdrawals and the subsequent failure to re-credit funds to plaintiffs’ savings account. We affirm in part and reverse in part.

Defendant contends on appeal (1) plaintiffs’ petition failed to state a cause of action upon which relief may be granted; (2) plaintiffs did…