Bearup v. Bearup

OPINION

HATHAWAY, Judge.

This appeal attacks a judgment for appellee on his claim for malicious prosecution and denial of appellant’s motions for judgment n. o. v. or for new trial conditioned on appellee’s consent to a remittitur. Because appellee failed to establish the essential element of a favorable termination of the criminal prosecution, we reverse.

Appellee is president of Lake Plastics Corporation. Appellant, appellee’s uncle, rented equipment to the corporation. On May 27, 1975, appellant received a check of $300 for equipment rental, signed by the corporate secretary, and drawn on the…