Wells v. National Surety Co.
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Frank Kelley, Judge.. (1) The trial court sustained demurrer to the evidence of the plaintiff. It seemed to he the opinion of the trial court that, inasmuch as there was no direct proof showing that defendants, or either of them, procured the arrest of plaintiff, or had the criminal prosecution instituted, plaintiff failed to make a case.
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Appeal from Pemiscot Circuit Court. — Hon. Frank Kelley, Judge.. (1) The trial court sustained demurrer to the evidence of the plaintiff. It seemed to he the opinion of the trial court that, inasmuch as there was no direct proof showing that defendants, or either of them, procured the arrest of plaintiff, or had the criminal prosecution instituted, plaintiff failed to make a case. In this, we think the learned trial court was in error, and think there is no doubt that the fact the defendants were the procuring cause in the criminal prosecution can he established by facts and circumstances as…
1Opinion of the CourtNortoni, J.
This is a suit for damages on account of an alleged malicious prosecution. At the conclusion of the evidence the court peremptorily directed a verdict for defendant, and plaintiff prosecutes the appeal.
It appears that plaintiff, Wells, was cashier of the Citizens’ Bank of Hayti, and defendant National Surety Company, a corporation, the surety on his bond as cashier. Defendant Fred Morgan is the president of the Citizens’ Bank of Hayti, while defendant Robert W. Inman is the claim adjuster of the National Surety Company. The records of the bank in evidence disclose *392that plaintiff, Wells, was…
2Cases cited2 opinions
- State v. LentzSupreme Court of Missouri · 1904
- State v. SilvaSupreme Court of Missouri · 1895
3Cited by5 opinions
- State v. Williams and WannSupreme Court of Missouri · 1929
- Little v. American State BankMichigan Supreme Court · 1933
- Helfer v. Quarry Co. Lonergan.Missouri Court of Appeals · 1921
- Kintner v. CheeksOhio Court of Appeals · 1942
- Citizens Bank v. WellsSupreme Court of Missouri · 1916