Albitus v. Farmers & Merchants Bank

Carley, Judge.

Appellant, plaintiff below, brought suit against appellee bank for malicious prosecution, alleging that the bank caused appellant to be arrested and subsequently indicted for the criminal offense of forgery. The bank moved for and was granted summary judgment on the basis that, as a matter of law, the criminal charge upon which this malicious prosecution action was premised had not terminated in favor of appellant. Appellant appeals.

1. The complaint alleged that on March 13, 1978 an order of nolle prosequi was entered on the indictment for forgery, that more than six months had…