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Torts Keyed to Prosser
Texas Skaggs, Inc. v. Graves
Facts
Plaintiff worked for Defendant, a grocery, until she was fired. Thereafter, she continued to buy groceries at the store. After she and her husband separated, Plaintiff was unaware he had cleaned out her checking account, and she wrote two checks, totaling $34.70, to the store, which were returned insufficient. As soon as she realized the mistake, she made a deal to pay the checks, “as soon as she could get the money,” and she did this in a reasonable time. After the checks were paid, the store manager filed an incident report and had Plaintiff arrested under the state’s hot check law. Plaintiff then filed suit, based on misuse of legal process. At trial, the jury found that Defendant did not have probable cause in prosecuting Plaintiff, and awarded her damages. Defendant appealed.
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