Sartwell v. Parker

The defendant gave his promissory note to the plaintiff, payable to his own order, and indorsed by him. The plaintiff negotiated the note, and received and retained the money procured upon it. When the note became due, the defendant paid it, and afterwards sued the plaintiff to recover from *406him the money paid to take up the note, joining with a count for money had and received a count in tort for the conversion of- the note. This action is brought for malicious prosecution in instituting that suit. The plaintiff must prove that it was commenced without probable cause, and, as essential to…