Schumer v. Craig Distributing Co.

CRANDALL, Judge.

Defendant, Craig Distributing Co., appeals from a judgment, entered pursuant to a jury verdict, in favor of plaintiffs, Melbourne F. Schumer and Johanna K. Schumer (wife), in a malicious prosecution case. The judgment awarded plaintiffs actual and punitive damages. We reverse.

The evidence, viewed in a light most favorable to the verdict, is that plaintiff,1 owned and operated a restaurant in Perry-ville, Missouri. He regularly purchased foodstuffs from defendant, a food supplier.

The criminal prosecutions forming the basis for this malicious prosecution action involved a felony…