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NU-WAY SERV., INC. v. MERC. TR. CO. NAT. ASS'N

No. 36242.

530 S.W.2d 743 (1975)

NU-WAY SERVICES, INC., Plaintiff-Respondent, v. MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Three.

December 2, 1975.

Attorney(s) appearing for the Case

Thompson & Mitchell, W. David Wells, Charles A. Newman, Donald B. Dorwart, St. Louis, for defendant-appellant.

Leadlove & Byrne, James M. Byrne, Steven T. Biesanz, St. Louis, for plaintiff-respondent.

GUNN, Judge.

Plaintiff-respondent Nu-Way Services, Inc. (Nu-Way) sued defendant-appellant Mercantile Trust Company National Association (Mercantile) to recover charges against Nu-Way's account made by Mercantile on 43 forged and six altered checks. The jury returned a verdict for $7,903.29 in favor of Nu-Way, and on Mercantile's motion for new trial, the trial court granted a new trial as to damages only. Mercantile has appealed alleging: 1) that under § 400...

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