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(DOWNLOAD) "Great Atlantic & Pacific Tea Company v. Federal Detective Agency" by Third District. District Court of Appeal of Florida " eBook PDF Kindle ePub Free

Great Atlantic & Pacific Tea Company v. Federal Detective Agency

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eBook details

  • Title: Great Atlantic & Pacific Tea Company v. Federal Detective Agency
  • Author : Third District. District Court of Appeal of Florida
  • Release Date : January 29, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

The cases under review herein arose out of a malicious prosecution action based on the following facts. In late November, 1960, someone whose identity is unknown, cashed a check in the amount of $94.51 at the A & P Supermarket No. 200, in Dade County, Florida. No one at the store was able to identify the person cashing the check. After the check had been dishonored, officials of the store turned the check over to one W. E. Sharp of The Federal Detective Agency, Inc., to recover the proceeds of the check for the company. When the check was turned over to Sharp, A & P instructed him that they were not interested in legal action, but they were not interested in legal action, but they left the manner of collection of the check entirely up to Sharp. Thereafter, Sharp (with no identification of the alleged wrongdoer and only conjectural evidence to link Dewey Varner with the bad check) swore out an affidavit on behalf of A & P, charging Dewey Varner with passing the check in question. On the strength of that affidavit, Varner was arrested, incarcerated and later released on bond. When he was released, Varner went to the A & P store in question and notified them of the charges brought against him and requested they be dropped. However, at no time did any official of A & P notify Sharp to drop the charges or attempt in any way to secure their dismissal. In fact, three of A & Ps employees attended the hearing on the charges in an attempt to recover money for the check. The bad check charge was ultimately dismissed, and Varner brought an action for malicious prosecution against A & P, Sharp, and The Federal Detective Agency, Inc., seeking both compensatory and punitive damages.


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