Sweeney v. Howard

OSBORNE, Judge.

This is an action for malicious prosecution. The trial court directed a verdict for the defendant at the close of the plaintiff’s evidence. The plaintiff appeals.

The appellant, Richard C. Sweeney, was a life insurance agent. In 1960 he visited the home of Lewis Howard with the purpose of selling him life insurance. According to Sweeney, Howard agreed to buy the insurance and filled out an application and medical waiver for the insurance and then signed and delivered a check to Sweeney for $917.20 for advance premiums. The check cleared the bank shortly after it was issued and…