Gibson's Products Co. of Albany, Inc. v. McDaniel

Hall, Presiding Judge.

Defendant in an action for malicious prosecution appeals from the judgment and from the denial of its motion for judgment n.o.v.

*265Argued March 4, 1970 Decided June 30, 1970 Rehearing denied July 24, 1970 Smith, Gardner, Wiggins, Geer & Brimberry, Watson, Keenan, Spence & Lowe, G. Stuart Watson, for appellant.

Plaintiff was employed by defendant as an outside salesman and cashier. Defendant suspected plaintiff of responsibility for shortages in the cash receipts and therefore set a "trap.” The evidence is undisputed that another employee made a purchase from plaintiff, that…