Stone v. Lenox Enterprises, Inc.

Beasley, Judge.

Robert Stone was employed by Lenox Enterprises, Inc. to work at a gasoline service station operated by the corporation. Money was stored in a safe located on the premises. Stone had access to the safe. Another employee, appellee Sumner, made an affidavit upon which a warrant issued charging Stone with taking $4,684.61 without knowledge or permission of the owner. Stone was indicted for the offense of theft by taking and was acquitted after a jury trial.

Stone filed suit against the corporation and the employee alleging that the affidavit and charges against him were known by…