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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State ex rel. Tiller v. Bacon, 637 S.W.2d 443 (1982)

Citation
State ex rel. Tiller v. Bacon, 637 S.W.2d 443 (1982)
Parent Document
State ex rel. Tiller v. Bacon, 637 S.W.2d 443 (1982)
Jurisdiction
Missouri (state)
Effective Date
1982-07-29

Full Text

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Prohibition lies to correct the improper striking of a punitive damage allegation. State ex rel. Smith v. Greene, 494 S.W.2d 55 (Mo.banc 1973). In Dillard v. Payne, 615 S.W.2d 53 (Mo.1981), our supreme court, after first noting that conversion does not ordinarily lie for money represented by a general debt, held the rule is otherwise as to funds placed in the custody of another for a specific purpose and their diversion for other than such specified purpose subjects the hold to liability in conversion. The court further stated that “The efficacy of respondents’ defense to the claim for punitive damages may not be determined upon their motion to strike.”