Gibson's Products Co. of Albany, Inc. v. McDaniel

I dissent from the opinion of the majority and the judgment of reversal on the denial of the motion for judgment notwithstanding the verdict. I cannot agree that the facts in this case were undisputed. The jury could have found that the defendant had probable cause to believe the plaintiff had taken its money. But the jury also could have found from the evidence, and did so find, that the defendant had no probable cause to believe the plaintiff took the money.

The appeal is from a judgment in an action for malicious prosecution seeking actual and punitive damages. The plaintiff (the appellee)…