STAMPER v. McCALLY


229 S.W.2d 54 (1950)

312 Ky. 620

STAMPER v. McCALLY.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing May 5, 1950.


Attorney(s) appearing for the Case

Weldon Shouse, Lexington, Charles H. Riedinger, Vanceburg, Norman W. Bowman, Vanceburg, for appellant.

Harvey Parker, Jr., Vanceburg, Simeon Willis, Ashland, Charles Russell, Ashland, for appellee.


CLAY, Commissioner.

In this malicious prosecution suit, appellee recovered $450 compensatory and $2050 punitive damages. Several grounds are urged for reversal, the principal one being that appellant was entitled to a directed verdict.

Appellant was 70 years of age, and had been a responsible merchant in Vanceburg for many years. He at one time owned ten $500 notes secured by a mortgage on a farm purchased by appellee. For several years appellee had made payments...

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