Lechner v. Ebenreiter

As appears from the foregoing statement, the action is for malicious prosecution for grand larceny, and the jury had returned a verdict on which, if it was upheld by the court, the plaintiff was entitled to a judgment against the defendant Ebenreiter, if not against the defendant bank. As to two of the jury’s findings, (1) as to probable cause of Ebenreiter for proffering the charge of larceny, and (2) that Ebenreiter did not make a “full, fair and honest” statement to the bank’s attorney, the trial court ruled that there was no evidence before the jury to warrant them. The answers to these…