Pullen v. Glidden
Supreme Judicial Court of Maine
On exceptions. Case for malicious prosecution, for an alleged forgery of an order on Eaton Shaw of Portland, state commissioner, for four barrels of rum, in the name of N. G. Bryant, agent of the town of Palermo. The plaintiff, Pullen, after a three days’ hearing before a trial justice, was discharged on motion of L. M. Staples, the attorney for the complainant, Glidden, and afterwards brought this action.
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On exceptions. Case for malicious prosecution, for an alleged forgery of an order on Eaton Shaw of Portland, state commissioner, for four barrels of rum, in the name of N. G. Bryant, agent of the town of Palermo. The plaintiff, Pullen, after a three days’ hearing before a trial justice, was discharged on motion of L. M. Staples, the attorney for the complainant, Glidden, and afterwards brought this action. The undispiited facts are that Glidden was one of the selectmen who had appointed Bryant agent, and gave him an order on Shaw for all the liquors he called for on account of the town ; that…
1Opinion of the CourtBakkows, J.
A former verdict for the defendant in this caso was set aside and a new trial granted, upon plaintiff’s exceptions to an instruction given by the presiding judge, which seemed to require the jury to find that the defendant in prosecuting the plaintiff was actuated by express malice in the popular sense of the term, which is distinguishable from malice in fact in its true legal import. Pullen v. Glidden, 66 Maine, 202.
The plaintiff now excepts: 1. To the admission, against his objection, of the testimony of several witnesses from the town where the parties lived that it was the common report…
2Cases cited3 opinions
- Barron v. MasonSupreme Court of Vermont · 1858
- Israel v. BrooksIllinois Supreme Court · 1860
- Tramell v. AdamSupreme Court of Missouri · 1828
3Cited by8 opinions
- Martin v. CorscaddenMontana Supreme Court · 1906
- Rosenkrans v. Barker.Illinois Supreme Court · 1885
- Nyer v. CarterSupreme Judicial Court of Maine · 1977
- Commonwealth v. StoreySuperior Court of Pennsylvania · 1912
- Spear v. HilesWisconsin Supreme Court · 1886
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