First National Bank v. Produce Exchange Bank

ON MOTION FOR REHEARING.

In next to the last paragraph of the opinion filed we intended to answer the question: [4] Can plaintiff recover, not having pleaded nor shown any loss? by adopting what Judge TRIMBLE said on this question in his dissenting opinion, but, perhaps, we did not make ourselves clear. In addition to what we quoted, which we think is pertinent, Judge TRIMBLE, in his dissenting opinion (59 S.W.2d page 87) said: "It is urged that plaintiff cannot recover because it has `suffered no loss.' . . . The suit is not one for damages, but to recover money the defendant bank had and…