Biebel v. Kuttnauer

The question whether malice was of the gist of the action in which the judgment was rendered on which the ca sa was issued is to be determined from an inspection of the record. We tMnfe that malice was of the gist of said action. The declaration alleged that the defendant wilfully and fraudulently converted to Ms own use, without the consent of the plaintiffs, Ms employers, money of the plaintiffs which had come to his possession under Ms contract of employment, with wMch to injure and defraud the plaintiffs. The jury found the defendant “guilty of wrongfully, wilfully and fraudulently…