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FRANK CIBRONE v. CHARLES STOVER AND STOVER & COMPANY (02/18/86)

filed: February 18, 1986.

FRANK CIBRONE
v.
CHARLES STOVER AND STOVER & COMPANY, INC., APPELLANTS



Appeal from the Judgment entered January 22, 1985, In the Court of Common Pleas of Allegheny County, Civil No. GD 81-06398.

COUNSEL

Kevin Brode, Pittsburgh, for appellants.

Robert C. Little, Pittsburgh, for appellee.

Wieand, Del Sole and Hester, JJ.

Author: Del Sole

[ 351 Pa. Super. Page 251]

This case involves an action in trespass for damages suffered by the Appellee, arising out of a malicious prosecution and false arrest allegedly initiated by the Appellants. A non-jury verdict was rendered in favor of Appellee against Appellant and Appellant's counterclaim was denied. Appellant's exceptions to the non-jury verdict were dismissed and this appeal followed.

[ 351 Pa. Super. Page 252]

Appellee, Frank Cibrone, was manager of a bakery which was owned by his mother and formerly owned and operated for many years by his father prior to the father's death. Appellant, Charles Stover, is President of a bakery supply company which sold flour and supplies to the bakery for many years, including the time the bakery was operated by Appellee's father. Appellants allegedly believed Appellee was owner of the bakery because all of their dealings were with Appellee since the death of the father.

In September and October 1979, Appellee signed three checks payable to Stover & Co., Inc., two of which were drawn on the bakery bank account and one drawn on the personal bank account of Appellee, under the name "Cib's Pizza & Hoagies". Check # 1 was dated September 6, 1979 and was delivered to Appellants' sales representative on September 4, 1979. This check was not honored by the bank and was returned marked "Not Sufficient Funds" (NSF) on September 11, 1979, after twice being presented.

Following a telephone conversation with Appellants' representative, Appellee signed another check (# 3) to cover check # 1. Check # 3 was written on October 2 or 3 and dated October 5. This check was also returned NSF by the drawee bank on October 5 as it was presented for payment on October 4. Checks # 1 and 3 were drawn on the bakery account.

A third check, # 2, was drawn on Cib's Pizza & Hoagie account. It was dated September 11 and was delivered to Appellants' representative 2 or 3 days before September 11th. This check was to cover supplies delivered after the date of check # 1. Check # 2 was also returned NSF after being presented twice. Appellee testified that he paid $800 in cash of the $831.80 amount specified in check # 2. Appellant denied receipt of cash for this check and testified the cash paid was for additional supplies delivered under a C.O.D. arrangement.

The bakery filed for bankruptcy on October 5. Appellant subsequently asked Appellee if he would be paid and was advised the matter ...


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