Farmers & Merchants Bank of St. Clair v. Borg-Warner Acceptance Corp.

SIMON, Presiding Judge.

Borg-Warner Acceptance Corporation (BWAC) appeals from a judgment in a court tried case in the Circuit Court of St. Louis County where it was found to have converted a van, collateral on a loan made by Farmers & Merchants Bank of St. Clair (F-M Bank). The trial court awarded F-M Bank damages of $8228.44 including interest of $1483.81 from the date of conversion to the commencement of the action.

On appeal, BWAC contends the trial court erred in that: (1) F-M Bank did not prove that (a) it had an immediate right to possession; (b) demand for possession or payment had been…