Cascarella v. National Grocer Co.
Michigan Supreme Court
Error to Ingham; Wiest, J. Case by Charles Cascarella against the National Grocer Company and Charles R. Nesen for malicious prosecution. There was judgment for plaintiff, and defendants bring error. This is an action for malicious prosecution. The trial resulted in a verdict for plaintiff for 1500. Plaintiff kept a small retail confectionery store in Lansing.
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Error to Ingham; Wiest, J. Case by Charles Cascarella against the National Grocer Company and Charles R. Nesen for malicious prosecution. There was judgment for plaintiff, and defendants bring error. This is an action for malicious prosecution. The trial resulted in a verdict for plaintiff for 1500. Plaintiff kept a small retail confectionery store in Lansing. Defendant is a foreign corporation doing business in Michigan, with a branch at Lansing, and its home office in Chicago, whose general manager is one Gamble, and one Nesen is its local cashier. Plaintiff had bought several small bills…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Defendants’ counsel make four contentions:(1) That the defendants cannot be held jointly liable.
*18(2) That under the law and, the facts the defendant corporation is not liable. .(3) That defendant Nesen is not liable.(4) That in any event the damages are excessive.
1. Joint tort-feasors may be sued individually or jointly. 26 Cyc. p. 68.
“All concerned in originating and carrying on a malicious prosecution are jointly and severally responsible.” 1 Cooley on Torts (3d Ed.), p. 342.
See, also, Govaski v. Downey, 100 Mich. 429.
Where the wrong is committed by an agent for…
2Cases cited4 opinions
- McDonald v. Champion Iron & Steel Co.Michigan Supreme Court · 1905
- Ironwood Store Co. v. HarrisonMichigan Supreme Court · 1889
- Govaski v. DowneyMichigan Supreme Court · 1894
- Travis v. Standard Life & Accident InsuranceMichigan Supreme Court · 1891
3Cited by9 opinions
- Abshure v. Methodist Healthcare-Memphis HospitalsTennessee Supreme Court · 2010
- Kauffman v. ShefmanMichigan Court of Appeals · 1988
- Grimes v. GreenblattSupreme Court of Colorado · 1910
- Davis v. JermstadMichigan Supreme Court · 1957
- Bailey v. SchaafMichigan Court of Appeals · 2014
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