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ADELSTEIN v. JEFFERSON BANK AND TRUST COMPANY

No. 49957.

377 S.W.2d 247 (1964)

Ben ADELSTEIN, (Plaintiff) Appellant, v. JEFFERSON BANK AND TRUST COMPANY, a Corporation, (Defendant) Respondent.

Supreme Court of Missouri, Division No. 1.

April 13, 1964.

Attorney(s) appearing for the Case

Bernard Susman, St. Louis, Melvin L. Hertzman, St. Louis, of counsel, for appellant.

James K. Cook, Schuchat, Cook & Werner, St. Louis, for defendant-respondent.

HOLMAN, Judge.

In Count I of his petition plaintiff alleged that defendant stole $2,500 from his account and maliciously refused to restore said sum upon his demand that it do so. In that count he sought actual damages in the sum of $2,500. and punitive damages in the sum of $50,000. In Count II plaintiff alleged that on October 5, 1960, defendant refused to pay a check he had drawn in the sum of $2,541.99, even though he had in excess of that amount on deposit with...

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