(DOWNLOAD) "Texas Skaggs v. Sharon Graves" by Texarkana No. 8653 The Sixth Court of Civil Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Texas Skaggs v. Sharon Graves
- Author : Texarkana No. 8653 The Sixth Court of Civil Appeals
- Release Date : January 17, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
C.L. Ray, Jr., Associate Justice This is a malicious prosecution suit. Appellee (plaintiff), Sharon Graves (Graves), filed suit against Texas Skaggs, Inc. (Skaggs), appellant (defendant), alleging that Skaggs had willfully and maliciously commenced an action against her in the Municipal Court of Texarkana, Arkansas. The jury returned a verdict of $20,000.00 actual damages. The trial court overruled appellant's motion for judgment notwithstanding the verdict and the motion for new trial, and entered judgment for Appellee Graves. Skaggs has perfected its appeal and submits eight points of error for our consideration. The judgment of the trial court will be affirmed. The facts are that Sharon Graves worked as a checker in the Skaggs store in Texarkana, Arkansas, but was ""fired"" for reasons not material to this case. Nevertheless, she continued to purchase her groceries at the Skaggs store and often paid for them by check. Appellee Graves shared her checking account with her husband. Although the account was in her name, it was her custom to leave one or two blank checks, signed by her, with her husband so he could draw on the account. When the couple separated, the husband withdrew all of the funds from the account so that on January 2nd and January 5th, 1977, the two checks written by Sharon Graves to pay for groceries at Skaggs were returned to Skaggs marked ""Insufficient Funds."" The two checks for $13.17 and $21.53 represented the total amount of $34.70 that was due Skaggs. The ""returned check ledger"" kept by Skaggs indicated that Graves was first contacted on January 17, 1977, concerning the insufficient funds checks. Graves was not employed on that date because she had recently been terminated by Skaggs. A ledger entry for January 27, 1977, shows that appellee was again contacted and agreed to pay as soon as she could get her money from the Skaggs credit union. The ledger entry was as follows: ""1/27 Waiting on credit union money."" This entry is consistent with Graves' testimony that she had promised Skaggs she would pick up the checks as soon as she received the money and that Skaggs had agreed to wait.
 "Texas Skaggs v. Sharon Graves" by Texarkana No. 8653 The Sixth Court of Civil Appeals # Book PDF Kindle ePub Free){kind=link}