Call v. Hayes
Massachusetts Supreme Judicial Court
Tort, in two counts. The first count alleged that the defendant, on August 18, 1895, falsely and maliciously, and without any reasonable cause, procured the plaintiff to be complained against for the alleged embezzlement of one dollar and sixty cents, the property of the defendant; and that the defendant, without any probable cause, prosecuted the complaint against the plaintiff, who on August 14 was acquitted of the charge in such complaint.
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Tort, in two counts. The first count alleged that the defendant, on August 18, 1895, falsely and maliciously, and without any reasonable cause, procured the plaintiff to be complained against for the alleged embezzlement of one dollar and sixty cents, the property of the defendant; and that the defendant, without any probable cause, prosecuted the complaint against the plaintiff, who on August 14 was acquitted of the charge in such complaint. The second count alleged that the defendant caused to be published in a newspaper called the Daily Evening Item, published in Lynn, a false and…
1Opinion of the CourtBarker, J.
1. The complaint on which the count for malicious prosecution is founded charged the embezzlement of money. It was material for the present plaintiff to show, in support of the count, that he had a right to collect the money from the defendant’s customers, and to retain it until the time of the settlement between the defendant and the plaintiff, which the former had appointed for Tuesday, the next day after the collection of the money. The plaintiff’s testimony that the defendant, in discharging the plaintiff, told him that he should hold him responsible for every cent there was on his books,…
2Cases cited1 opinion
- Twombly v. MonroeMassachusetts Supreme Judicial Court · 1884
3Cited by3 opinions
- Dow v. LongMassachusetts Supreme Judicial Court · 1906
- Eteenpain Co-op. Soc., Inc. v. LillbackCourt of Appeals for the First Circuit · 1927
- Richardson v. ThorpeSupreme Court of New Hampshire · 1906