Fleischmann v. Mercantile Trust Co. National Ass'n

DONNELLY, Judge.

Respondent, Ira Fleischmann, brought an action against appellant, Mercantile Trust Company, to recover actual and punitive damages for conversion of his checking account. The jury awarded respondent $1,275.60 actual damages with $194.96 interest thereon, and $100,000 punitive damages. Judgment was entered and Mercantile appealed to the Eastern District of the Court of Appeals where the judgment was reversed. On October 15, 1980, this Court ordered the case transferred here. We determine the case as if it were an original appeal. Mo.Const. Art. V, § 10.

The essential question is…