Jennings Motors v. Burchfield

• Decision Date: 12 January 1931
• Docket Number: No. 78.,78.
• Citation: 182 Ark. 1047,34 S.W.2d 455
• Parties: JENNINGS MOTORS v. BURCHFIELD.
• Court: Arkansas Supreme Court

Page 455

34 S.W.2d 455

182 Ark. 1047

JENNINGS MOTORS v. BURCHFIELD.

No. 78.

Supreme Court of Arkansas.

January 12, 1931.

Rehearing Denied February 9, 1931.

Appeal from Circuit Court, Pulaski County; Richard M. Mann, Judge.

Action by Wael Burchfield against the Jennings Motors. From a judgment for plaintiff, defendant appeals.

Reversed, and cause of action dismissed.

Barber & Henry and Troy W. Lewis, all of Little Rock, for appellant.

Dillon & Robinson, of Little Rock, for appellee.

HUMPHREYS, J.

This is an appeal from a judgment for $250 rendered in the Second division of the circuit court of Pulaski county in favor of appellee against appellant for an alleged malicious prosecution of appellee by appellant in the municipal court of Little Rock for the larceny of an automobile.

According to the undisputed evidence, Paul S. Freeman, vice president of appellant, obtained information from its assistant book-keeper, Fred McKnight, on the morning of the 16th of July, 1930, that appellee had taken a coupé Chrysler automobile 60 from its place of business on Saturday night, July 13, 1930, without permission, and that the employees, after searching, had been unable to locate the car or automobile. Freeman made an investigation and ascertained that a salesman had seen appellee with the car Saturday night, the 13th. He immediately sent out employees to search for the car and, not finding it, revealed all the facts in its possession to appellant's regular attorney, who stated in his opinion a crime had been committed by appellee and advised that the matter be reported to the authorities. Freeman instructed McKnight to ask the police authorities if they wanted to pick up the car, and they refused to act without a warrant, whereupon Freeman instructed McKnight to go to the prosecuting attorney and state all the facts in their possession to him. McKnight obtained an audience with Kenneth W. Coulter, deputy prosecuting attorney for Pulaski county, and stated all the facts in their possession to him. Among other facts, McKnight stated to the deputy that appellee had been discharged by appellant and was not in its employ at the time he took the car, and that he did not take same with the permission of the officials or O. G. Walker, who was in charge of the used car department. The deputy prosecutor said that the facts disclosed were sufficient upon which to base a charge for larceny against appellee and that he would prefer such a charge against him. McKnight gave the deputy prosecutor the motor and serial number of the car and the names of the witnesses. The deputy filed information against appellee, who was arrested at 2:30 p. m. on the 16th. At 5:30 p. m. on the same day the car was found by one of appellant's employees and brought to its place of business, and Freeman...