Downing v. Stone
Supreme Court of North Carolina
Appeal from Lyon, Jat December Term, 1909, of RobesoN. Civil action to recover damages for malicious prosecution. There was evidenee^ending to show that on or about 25 April, 1908, the defendant bad caused tbe arrest and imprisonment of plaintiff on a charge of having obtained from said defendant, as landlord, with intent to cheat and defraud, advances and supplies to plaintiff as tenant.
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Appeal from Lyon, Jat December Term, 1909, of RobesoN. Civil action to recover damages for malicious prosecution. There was evidenee^ending to show that on or about 25 April, 1908, the defendant bad caused tbe arrest and imprisonment of plaintiff on a charge of having obtained from said defendant, as landlord, with intent to cheat and defraud, advances and supplies to plaintiff as tenant. The prosecution having been instituted under section 3431 of Revisal, which gives a justice final jurisdiction, the evidence further showed that the plaintiff had been acquitted by the justice who tried the…
1Opinion of the Court
Hoke, J.,
after stating the case: The defendant excepted for that the court refused to charge the jury as requested, “that in order to answer the issue as to malice for the plaintiff, it was required that plaintiff should establish particular malice against the defendant,” insisting that the term “particular malice,” in this connection, should be understood in the sense of personal ill-will or grudge towards the defendant, and charged instead:
“Particular malice means ill-will, grudge, a desire to be revenged. Malice within the meaning of this issue does not necessarily mean ill-will, -but a…
2Cases cited15 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Harpham v. WhitneyIllinois Supreme Court · 1875
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- Morgan v. . StewartSupreme Court of North Carolina · 1907
- Dewey v. City of Des MoinesSupreme Court of Iowa · 1897
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3Cited by17 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Coleman v. . WhisnantSupreme Court of North Carolina · 1945
- Coleman v. WhisnantSupreme Court of North Carolina · 1945
- Motsinger v. . SinkSupreme Court of North Carolina · 1915
- Bryant v. MurraySupreme Court of North Carolina · 1953
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