Albitus v. Farmers & Merchants Bank

159 Ga. App. 406 (1981)

283 S.E.2d 632

ALBITUS

v.

FARMERS & MERCHANTS BANK.

61622.

Court of Appeals of Georgia.

Decided July 13, 1981.

Rehearing Denied July 29, 1981.

K. Van Banke, for appellant.

B. D. Murphy, for appellee.

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…