Northrup v. Baker

Plaintiff, Melvin Northrup, sued for damages on a complaint containing two counts, the first for assault and battery, the second for malicious prosecution. The litigation grew out of an altercation which took place in the plaintiff’s garage between the plaintiff and his nephew, the defendant, Merle James Kurtzhal, and the tenant of the garage, the defendant, Dewey Baker, over the collection of the March 1956 rental. The malicious prosecution count was based on a criminal complaint sworn to by Baker charging that plaintiff had committed assault and battery on him at the time of the rental…