Vandiveer

The plaintiff had judgment against the defendants in the sum of $1450 and costs of suit in an action based upon a charge of false imprisonment, $700 of said sum being for the amount of money involuntarily paid by the plaintiff to the defendants, and $750 for and on account of exemplary and actual damages. From this judgment the defendant Charters appeals.

The record shows that on the eleventh day of June, 1926, the plaintiff was, and for some four or five years prior thereto had been an employee, as clerk in the drug-store owned by the defendant James W. Charters. Prior to the eleventh day of June, 1926, the defendant Charters employed the defendants Condon and Johnson to check up on the clerks employed in his drug-store. This work was begun on or about the ninth day of June, 1926, and was conducted for a period of two or three days. On the eleventh day of June, 1926, the defendants Condon and Johnson, in the presence of the defendant Charters, took several dollar bills, money of the United States of America, and marked them with an identification mark. Thereafter, and on the same day, the operatives employed by the defendants Condon and Johnson went into the drug-store referred…