J. C. Penney Co. v. Reynolds

FRASER, Justice.

This is an appeal from a judgment awarding the appellees the sum of $2,000 in a case alleging malicious prosecution and false imprisonment. The case was tried to a jury. The facts, generally speaking, are as follows: Appellee had, in the summer of 1955, given a check to defendant, J. C. Penney Company, for the sum of $6.54. This was final payment on a lay-away plan for merchandise which she took home with her upon the store’s acceptance of the check. The check was actually in the form of a draft, and appellee, in her own handwriting had written in the name of the bank as…