Kaley v. Hulsman

This is a malicious prosecution case tried by the court without a jury in which plaintiff had judgment for $200, with a special finding that defendant had wilfully and wantonly committed the acts causing the injuries to plaintiff and that malice was the gist of the action. Defendant appeals.

The suit grew out of the following. Defendant Hulsman testified that on April 18, 1938 he purchased a peanut vending machine (which is the subject of the controversy) for $6 from Sam Teitelbaum. It was paid for by check and defendant received a bill of sale of the machine. Upon the trial of the instant…