S. S. KRESGE COMPANY v. KICKLIGHTER

50705.

135 Ga. App. 114 (1975)

217 S.E.2d 418

S. S. KRESGE COMPANY v. KICKLIGHTER.

Court of Appeals of Georgia.

Decided June 13, 1975.


Attorney(s) appearing for the Case

Brannen, Wessels & Searcy, Perry Brannen, for appellant.

Falligant, Karsman, Kent & Toporek, Martin Kent, for appellee.


DEEN, Presiding Judge.

1. Under Code Ann. § 13-9933, in a bad check prosecution intent to defraud is prima facie established by proof that at the time the check was uttered or delivered there were insufficient funds in the depository to cover it. However, the conclusive presumption that one who arrests and prosecutes the drawer of such check is acting with probable cause, where a civil action for malicious prosecution is thereafter instituted, appears only where...

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