Massey Stores, Inc. v. Reeves

Bell, Presiding Judge.

This is an action for malicious prosecution. It involves mistaken identity.

The evidence is uncontradicted that there never was a warrant issued for the arrest of the plaintiff in this case. The fact that the defendants, with probable cause, obtained a warrant meant for another person having the identical name of plaintiff cannot be expanded to infer that the defendant intended maliciously for just any person of that name or this plaintiff to be prosecuted for the offense.

The evidence is uncontradicted that the defendants, for value given, received a worthless check from…