Young v. Mercantile Trust Co. National Ass'n

DOWD, Judge.

This appeal arises from a dispute concerning the propriety of appellant’s exercise of its claimed right of bank set-off and is before us following a retrial mandated by our earlier opinion. Young v. Mercantile Trust Co. Nat’l Ass’n, 552 S.W.2d 247 (Mo.App.1977).

Our prior decision limited respondent’s recovery of actual damages to compensatory damages actually proven but affirmed the jury verdict, as limited, finding appellant liable to respondent in tort. Young v. Mercantile Trust Co. Nat’l Ass’n, supra. Our earlier decision also reversed, based upon the evidence at the original…