Kimball v. Bates
Supreme Judicial Court of Maine
This was an action on the case for a malicious prosecution commenced by the defendant against the plaintiff, and causing him to be arrested on a warrant, in which he was falsely charged with having fraudulently obtained the possession of certain promissory notes. The verdict was for the defendant.
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This was an action on the case for a malicious prosecution commenced by the defendant against the plaintiff, and causing him to be arrested on a warrant, in which he was falsely charged with having fraudulently obtained the possession of certain promissory notes. The verdict was for the defendant. The case was presented to the whole Court on the plaintiff’s motion to set aside the verdict, as against the law and evidence in the case; and also upon exceptions to certain rulings of Mat, J., presiding at the trial. The nature of the evidence, as reported to sustain the plaintiff’s motion, is…
1Opinion of the Court
The opinion of the Court was drawn up by
Walton, J.
Upon the evidence as reported it seems to us that the verdict in this case is clearly wrong. When the defendant made oath before the magistrate that Kimball had obtained the notes in question by false and fraudulent pretences, he made oath to what appears not to have been true in fact, and to what he had not the slightest reason to believe was true; and his only object for making such a charge, as he himself admits, was to obtain possession of the notes. "My object was to get the notes ; I was satisfied when the notes were out of his…
2Cited by2 opinions
- Lueck v. HeislerWisconsin Supreme Court · 1894
- Neufeld v. RodeminskiIllinois Supreme Court · 1893