Joiner v. Benton Community Bank

Plaintiff appeals from a summary judgment entered by the Circuit Court of Franklin County in favor of defendant in an action for malicious prosecution.

Plaintiff is a used-car dealer who obtained financing from defendant bank. The financing was accomplished by plaintiff’s executing and delivering to the bank a bill of sale, a trust receipt and a negotiable promissory note. By the bill of sale, plaintiff conveyed certain automobiles to the bank, and by the trust receipt he agreed to hold those automobiles in trust for the bank. The trust receipt recited that plaintiff was to report the sales of…