Klein v. Elliott

TODD, J..This is an appeal in error toy the defendants, John N. Klein, Jr., and Dairy Gold, Inc., from a jury verdict and judgment in favor of the plaintiff, Dorothy Elliott, for malicious prosecution. Plaintiff also has assigned error in connection with a reduction of the verdict by remittitur.

The present suit grows out of a criminal court proceeding wherein plaintiff was acquitted of a charge of forgery of endorsement upon two checks allegedly owned by defendant, Dairy Gold, Inc.

There is evidence in the record to establish the following facts:

Defendant Klein was the president of defendant…