Kauf v. Great Atlantic & Pacific Tea Co.

MOORE, District Judge.

This is an action for malicious prosecution in which a jury returned a verdict against both defendants in the amount of $1,500. Defendants have moved for judgment notwithstanding the verdict, and in the alternative to set aside the verdict and grant them a new trial. Several grounds are mentioned in support of their motion, none of which I consider to be meritorious except the one relating to the authority of defendants’ agents to bind the defendants by the agents’ participation in the alleged malicious prosecution.

At the trial of the case I gave a charge to the jury,…