Bill Manning, Inc. v. Denver West Bank & Trust

SMITH, Judge.

Defendant, Denver West Bank and Trust, appeals from that portion of a judgment for plaintiff, Bill Manning, Inc., which awarded plaintiff exemplary and consequential damages and attorney fees for a frivolous and groundless defense. We affirm in part and reverse in part.

The evidence at trial established that, on December 15, 1980, Bill Manning opened a checking account at the bank on behalf of Bill Manning, Inc., a corporation. Between January 15 and February 11, 1981, the bank made six payments from the account totalling $4,850 to an individual who presented withdrawal slips…