Porter

This appeal was decided hy this court September 29, 1933, and subsequently respondent, against whom the decision went, complained in a petition for a rehearing that the opinion failed to mention important facts. Upon a more particular examination of the transcript we became convinced that respondent was correct in this and we granted a rehearing.

This case is for damages both compensatory and punitive for false imprisonment. The case was tried before a jury and resulted in a verdict for plaintiff against defendant for $1,000 compensatory and $4,000 punitive damages. A motion for a directed verdict was made and denied. After the verdict had been returned a motion for judgment notwithstanding the verdict was duly made and denied by the court. A motion for new trial was made and denied. This appeal under section 953a, Code of Civil Procedure, is from the judgment following the verdict and from the rulings on the motions mentioned. The motion for new trial is not appealable.

The plaintiff (respondent) George T. Porter was the secretary and treasurer and later president of Universal Sales Company, hereinafter sometimes referred to as the Sales Company. This company was a customer of…