Janney v. Arlan's Department Store

DALTON, Chief Judge.

This is an action for malicious prosecution based upon the theory that defendant caused, without justification, the arrest of the plaintiff. The pertinent facts are as follows:

On or about December 12, 1964, Jacqueline Maines Janney, while in Ar-lan’s Department Store, picked up several articles of merchandise which she had in her possession. She contends that she intended to purchase these, and there is conflict as to whether she concealed the merchandise in her handbag or whether she chose to carry it over her arm, with the handbag in her hand.

Mrs. Janney was requested by…