Cottrell v. Grand Union Tea Company

CROCKETT, Justice.

J. Hensley Cottrell sued for malicious prosecution, arising out of a prior criminal action wherein defendants had charged him with the felony of embezzlement,1 which was dismissed before trial upon motion of the State. A jury answered interrogatories and rendered a verdict favorable to the plaintiff. The trial court granted defendants’ motion for judgment notwithstanding the verdict, from which plaintiff appeals.

The basis of the trial court’s ruling, and the position defendants maintain here, is that they made a full disclosure of the facts to the prosecuting attorney, who…