Berea Bank & Trust Co. v. Mokwa

Opinion op the Court by

Judge Sampson

Affirming.

Appellee Mokwa recovered in the Madison circuit court a judgment against the appellant, Berea Bank & Trust Company, for $750.00, in an action in which it was alleged that the bank had wrongfully failed to honor, pay off and satisfy certain checks drawn by Mokwa on said bank in which he had at the time funds sufficient to pay and satisfy the checks. The bank appeals, insisting first,, that the instruction given by the trial court to the jury on the measure of damages, in the event the jury should find for the plaintiff below, was erroneous in that…