McKenney v. Jack Eckerd Company

Chandler, Justice:

We granted certiorari to review the Court of Appeals decision in McKenney v. Jack Eckerd Co., 299 S.C. 523, 386 S.E. (2d) 263 (Ct. App. 1989).

We reverse and remand.

FACTS

Petitioner, Ronald McKenney (McKenney), issued Respondent, Jack Eckerd Co. (Eckerd), a check for $3.55. Due to a bank error, the check was returned to Eckerd marked “insufficient funds.” Shortly thereafter, the bank notified Eckerd of its error. Approximately one month later, Eckerd swore out a fraudulent check warrant against McKenney.

When the case was nolle prossed, McKenney instituted a malicious…