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CITY OF ADVANCE v. MARYLAND CASUALTY COMPANY

No. 45616.

302 S.W.2d 28 (1957)

CITY OF ADVANCE, Missouri, at the Relation of Jerry HENLEY, a Minor, by Jim Henley, his Next Friend, Appellant, v. MARYLAND CASUALTY COMPANY, a Corporation, and Herbert Westbrook, Respondents.

Supreme Court of Missouri. Division No. 1.

May 13, 1957.

Attorney(s) appearing for the Case

Briney & Welborn, Bloomfield, for plaintiff-appellant.

Elvis A. Mooney, Bloomfield, C. A. Powell, Dexter, for respondents.

HOLLINGSWORTH, Presiding Judge.

In this action, Jerry Henley, a minor, sought in count one of his petition to recover the sum of $1,000 from Herbert Westbrook, marshal of the City of Advance, Missouri, and his surety, Maryland Casualty Company, for personal injuries sustained during an alleged unlawful assault upon and battery of him by Westbrook. In count two, plaintiff sought recovery of the sum of $10,000 punitive damages from Westbrook alone. Defendants

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