Floyd v. Ott

MANN, Judge.

Ott, the defendant, charged Mrs. Floyd and her employer Hank Corsmeier with the issuance of a worthless check with intent to defraud. The information issued upon Ott’s affidavit was later nol pressed as to Mrs. Floyd by an assistant county solicitor because investigation revealed that she “was employed as a secretary and was one of several secretaries who co-signed checks as a matter of control. She was not a partner but merely an employee and she was granted no discretion in signing the checks.”

This malicious prosecution action ensued and came to trial. During the presentation of…