Johnson v. Smith

BRADLEY, Presiding Judge.

This is a malicious prosecution case.

The relevant history of the cáse is as follows. On October 7,- 1981 Harold Johnson filed suit against Charles Smith to recover for moneys allegedly owed by Smith to Johnson. Smith had purchased paint from Johnson but had refused to pay, maintaining that the paint would not dry. After Smith filed a third-party complaint against the paint’s manufacturer, the manufacturer issued Smith a check, from which Johnson was paid and the debt allegedly settled.

Subsequently, Johnson filed a second suit against Smith, maintaining that Smith owed…