Baumstein v. Rothkrug

Merrell, J.:

The action was brought to recover damages for alleged malicious prosecution of the plaintiff by the defendant. The plaintiff was arrested upon the complaint of the defendant for the larceny of a diamond weighing three and ninety-seven one-hundredths carats. This diamond was delivered by the defendant to the plaintiff on a memorandum for inspection and remained the property of the defendant, and was to be returned on demand. The diamond in question was delivered by the defendant to the plaintiff on December 6, 1920, the price specified in the memorandum being $2,500. On December 8,…