Ross v. Kerr
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for malicious prosecution. Judgment for plaintiff. In actions of malicious prosecution the plaintiff must, in order to recover, establish not only malice, but want of probable cause. Those two elements are essential, and they must concur or the action will not lie.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for malicious prosecution. Judgment for plaintiff. In actions of malicious prosecution the plaintiff must, in order to recover, establish not only malice, but want of probable cause. Those two elements are essential, and they must concur or the action will not lie. (Potter v. Seale, 8 Cal. 217, 220; Anderson v. Coleman, 53 Cal. 188; Grant v. Moore, 29 Cal. 644; Smith v. Liverpool etc. Ins. Co., 107 Cal. 432, 40 Pac. 540.) The action of malicious prosecution is not favored in…
1Opinion of the CourtMorgan, J.
From December 2, 1912, to May 10, 1913, the respondent, Ross, was employed by the American Laundry Company of which appellant, Kerr, was part owner and president. His duties were those of a driver of one of the delivery wagons of the company and to solicit patronage and *496deliver the articles when laundered. On or about May 29, 1913, he was arrested upon a charge of embezzlement preferred against him by appellant, who accused him of misappropriating moneys collected from the patrons of the laundry. Respondent thereupon gave bond and on July 9, 1913, was discharged, by order of the justice of…
2Cases cited5 opinions
- State v. SteenIdaho Supreme Court · 1916
- Gabel v. WeisenseeTexas Supreme Court · 1878
- Casady v. StuartIdaho Supreme Court · 1916
- Jensen v. BumgarnerIdaho Supreme Court · 1916
- Sweeten v. EzellIdaho Supreme Court · 1917
3Cited by9 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Sparrow v. Vermont Savings BankSupreme Court of Vermont · 1921
- Towne v. Northwestern Mutual Life InsuranceIdaho Supreme Court · 1937
- Beadle v. HarrisonMontana Supreme Court · 1920
- Morton v. WhitsonIdaho Supreme Court · 1927
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