Ellis v. Simonds
Massachusetts Supreme Judicial Court
Tort, for malicious prosecution. Writ dated January 8,1894. Trial in the Superior Court, before Bishop, J., who allowed the following bill of exceptions. The plaintiff, on December 30, 1893, on complaint of the defendant, was arrested on the charge of obtaining money from the defendant by false pretences, taken to Malden, and, until bail was procured by him, was committed to jail. Subsequently, on a trial of the charge on January 8, 1894, the plaintiff was acquitted.
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Tort, for malicious prosecution. Writ dated January 8,1894. Trial in the Superior Court, before Bishop, J., who allowed the following bill of exceptions. The plaintiff, on December 30, 1893, on complaint of the defendant, was arrested on the charge of obtaining money from the defendant by false pretences, taken to Malden, and, until bail was procured by him, was committed to jail. Subsequently, on a trial of the charge on January 8, 1894, the plaintiff was acquitted. The plaintiff testified that in 1893 he lived in Marlborough, in the upper tenement of an apartment house; that his sister in…
1Opinion of the CourtMorton, J.
The plaintiff was bound to establish three things: first, that he had been acquitted of the charge; secondly, want of probable cause on the part of the defendant; and thirdly, malice on the part of the defendant. Stone v. Crocker, 24 Pick. 81. Bacon v. Towne, 4 Cush. 217. Good v. French, 115 Mass. 201. Lister v. Perryman, L. R. 4 H. L. 521. These were to be shown affirmatively by him, as the court *326instructed the jury. As there was no real controversy about the fact of acquittal, the main issues related to probable cause and to malice.
In regard to probable cause the court, in effect,…
2Cases cited3 opinions
- Norwood v. City of SomervilleMassachusetts Supreme Judicial Court · 1893
- Good v. FrenchMassachusetts Supreme Judicial Court · 1874
- Hudson v. Inhabitants of MarlboroughMassachusetts Supreme Judicial Court · 1891
3Cited by8 opinions
- Rosenblum v. GinisMassachusetts Supreme Judicial Court · 1937
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- Keefe v. JohnsonMassachusetts Supreme Judicial Court · 1939
- Casavan v. SageMassachusetts Supreme Judicial Court · 1909
- Boylen v. TracyMassachusetts Supreme Judicial Court · 1925
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