Genovese v. Butt

This is a suit for damages brought by the plaintiff in error, Joe Genovese, against the defendant in error, H. E. Butt, for malicious prosecution. The trial court peremptorily instructed the jury to return a verdict for Butt, and judgment was entered on the verdict so returned. The Court of Civil Appeals affirmed that judgment. 32 S.W.(2d) 379.

Butt owns a store in Harlingen known as the Harlingen Piggly Wiggly. Butt does not conduct the store in person, but operates same through agents. On November 3, 1928, Genovese purchased some goods in the store, and gave a check for the purchase price.…