Wallick v. First State Bank of Farmington

SMITH, Chief Judge.

Defendant appeals from a judgment against it in accord with the verdict of a jury in a suit in two counts premised upon wrongful dishonor and breach of contract. The judgment was for $770.87 on Count I, the wrongful dishonor, and for $508.42 actual damages and $2,500 punitive damages on Count II, the breach of contract.

Plaintiff made arrangements for the building of a residence in St. Francois County through a general contractor, Clay Wideman. Plaintiff borrowed $26,500 from defendant which was placed in a “special account” in defendant bank. The account was not an escrow…