Bassinov v. Finkle
Supreme Court of North Carolina
Appeal by defendant from Bundy, J., November 1962 Civil Session Of PERSON. Action to> recover 'damages for malicious prosecution. Plaintiff Bassinov and bis wife moved to Roxboro- in 1948. About 1954 they decided to purchase a new borne. Plaintiff 'discussed the matter with 'defendant Finkle, bis father-in-law, who agreed to malee the down payment. Finkle resided in Raleigh. The punchase was consummated, Finkle made the down payment and took title in his (Finkle’s) name.
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Appeal by defendant from Bundy, J., November 1962 Civil Session Of PERSON. Action to> recover 'damages for malicious prosecution. Plaintiff Bassinov and bis wife moved to Roxboro- in 1948. About 1954 they decided to purchase a new borne. Plaintiff 'discussed the matter with 'defendant Finkle, bis father-in-law, who agreed to malee the down payment. Finkle resided in Raleigh. The punchase was consummated, Finkle made the down payment and took title in his (Finkle’s) name. Plaintiff and his wife and children occupied the house 'and plaintiff made monthly payments to a savings and loan…
1Opinion of the CourtMoore, J.
Defendant 'assigns as error the denial of his motion for nonsuit made .at the close of all of the evidence.
First, defendant contends that the action is not maintainable for the reason that the larceny warrant is fatally defective and invalid.
An action for malicious prosecution must .be predicated upon a valid warrant. Caudle v. Benbow, 228 N.C. 282, 45 S.E. 2d 361. A motion for nonsuit in an action for malicious prosecution challenges the validity -of the warrant upon which plaintiff was prosecuted. Carson v. Doggett, 231 N.C. 629, 58 S.E. 2d 609; Young v. Hardwood Co., 200 N.C. 310, 156 S.E.…
2Cases cited11 opinions
- Carson v. DoggettSupreme Court of North Carolina · 1950
- State v. BrowderSupreme Court of North Carolina · 1960
- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
- State v. . CallettSupreme Court of North Carolina · 1937
- Bryant v. MurraySupreme Court of North Carolina · 1953
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jones v. City of GreensboroCourt of Appeals of North Carolina · 1981
- Petrou v. HaleCourt of Appeals of North Carolina · 1979
- Stead-Bowers v. LangleyCourt of Appeals of Minnesota · 2001
- Hitchcock v. CullertonCourt of Appeals of North Carolina · 1986
- Bryson v. SullivanCourt of Appeals of North Carolina · 1991
5 more not listed; retrieve them via the Exa API.