Macdonald v. Schroeder
Superior Court of Pennsylvania
Appeal, No. 134, Oct. T., 1904, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1903, No. 3223, for plaintiff in case of David L. Macdonald v. Jay N. Schroeder. Trespass for malicious prosecution. Before Bregy, J. At the trial it appeared that plaintiff borrowed 1500 from the defendant on representations which the defendant claimed were false.
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Appeal, No. 134, Oct. T., 1904, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1903, No. 3223, for plaintiff in case of David L. Macdonald v. Jay N. Schroeder. Trespass for malicious prosecution. Before Bregy, J. At the trial it appeared that plaintiff borrowed 1500 from the defendant on representations which the defendant claimed were false. The loan not haviug been paid the defendant secured the arrest of the plaintiff for obtaining money under false pretenses. The plaintiff was convicted, but subsequently the verdict was set aside and a new trial ordered. At the second…
1Opinion of the Court
Opinion by
Smith, J.,
Every public prosecution is presumed to have been begun and carried on in good faith, and to have been founded upon probable cause: Mitchell v. Logan, 172 Pa. 349. To sustain an action for malicious prosecution, both malice on the part of the prosecutor and want of probable cause for the prosecution must be shown. If the prosecutor began the proceeding through mere malice, and without probable cause, he is liable in damages. Though the lack of probable cause does not of itself establish malice, its bearing as evidence on this point is *132obvious, and in the absence of…
2Cases cited24 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Mayer v. WalterSupreme Court of Pennsylvania · 1870
- Burt v. PlaceNew York Supreme Court · 1830
- Smith v. LewisNew York Supreme Court · 1808
- Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
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