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TRUMAN v. FIDELITY & CASUALTY COMPANY OF NEW YORK

No. 12100.

123 S.E.2d 59 (1961)

Archie A. TRUMAN v. FIDELITY & CASUALTY COMPANY OF NEW YORK.

Supreme Court of Appeals of West Virginia.

Decided November 14, 1961.

Attorney(s) appearing for the Case

Steptoe & Johnson, Stanley C. Morris, Carl F. Stucky, Jr., Charleston, for plaintiff in error.

Laird, Thrift & Hamilton, R. J. Thrift, Jr., Fayetteville, for defendant in error.

CALHOUN, Judge.

This case involves an action for malicious prosecution instituted in the Circuit Court of Fayette County, in which the plaintiff sought recovery of damages in the sum of $50,000. The action is predicated on an alleged malicious prosecution of the plaintiff by the defendant on a criminal charge of obtaining money under false pretenses. The money involved in the criminal prosecution was the sum of $2,335, paid by the defendant, as an insurer, to the...

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