Fleming v. Mercantile Bank & Trust Co.

KENNEDY, Presiding Judge.

After our case of Fleming v. Mercantile Bank & Trust Co., 766 S.W.2d 666 (Mo.App.1989) [Fleming /], plaintiff therein, Alan J. Fleming, filed another lawsuit against Mercantile Bank based upon the incidents described in the opinion in the above case. The reader may refer to the earlier case for a detailed statement of the facts, but in summary they were as follows: The Bank refused payment, because of insufficiency of funds, of a check of Blumer and Nally Media Partnership, of which plaintiff Fleming was a member. Plaintiff, according to evidence in the earlier trial,…