Stivers v. Old National Bank

This was a civil action brought originally by appellee, Old National Bank in Evansville (Bank), against appellant-John C. Stivers and one Fred Hensler to enforce the collection of an unpaid commercial check which had been returned for insufficient funds by the Bank upon which it was drawn. To this complaint defendant-appellant, Stivers, filed general denial.

In the same cause, appellant-Stivers filed a counter-claim alleging malicious prosecution against the plaintiff-Bank for damages arising out of a criminal charge of theft filed in the Evansville City Court by plaintiff-Bank against…