North British & Mercantile Ins. v. Feldman

This case is before the court for the second time. On the first appeal the case was sent back for a new trial (Feldman v. North British & Mercantile Ins. Co., 137 F.2d 266), at which the jury returned a verdict of $1,000 for the plaintiff. The questions raised in the present appeal relate solely to the evidence of (1) lack of probable cause and (2) participation of the de*583fendant in the alleged malicious prosecution of the plaintiff.

These ' facts are undisputed. Feldman owned a small clothing and shoe store where he also made shoe repairs. Three doors away he conducted a liquor store which had…