Callahan ex rel. Callahan v. Caffarata
Supreme Court of Missouri
Appeal from Si. Louis Court of Common Pleas. The facts are sufficiently stated in the opinion. At the instance of plaintiff the court gave the following instructions, to which defendant duly excepted : 1. The jury are instructed that if they believe from the evidence that the arrest and imprisonment of plaintiff was without probable cause, then the jury are at liberty to infer that it was malicious. 2. The jury are instructed that 'there are two kinds of malice — malice in…
Read the full summary
Appeal from Si. Louis Court of Common Pleas. The facts are sufficiently stated in the opinion. At the instance of plaintiff the court gave the following instructions, to which defendant duly excepted : 1. The jury are instructed that if they believe from the evidence that the arrest and imprisonment of plaintiff was without probable cause, then the jury are at liberty to infer that it was malicious. 2. The jury are instructed that 'there are two kinds of malice — malice in fact, and malice in law: the former, in common acceptation, means ill-will against a person ; the latter is a wrong act…
1Opinion of the CourtFagg, Judge
The respondent instituted his suit in the St. Louis Court of Common Pleas against the appellant together with one William Lee, for damages for falsely and maliciously conspiring together to have the plaintiff Joseph- Callahan arrested for larceny, and for arresting and imprisoning him upon said charge. There was an answer filed by the appellant Caffarata containing a specific denial of all the allegations in *141the petition, and, the suit being dismissed as to Lee, the trial was had upon the issues thus presented, which resulted in a verdict for the plaintiff. A motion for a new trial as well as…
2Cited by11 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Donahue v. StateIndiana Supreme Court · 1905
- Sappington v. WatsonSupreme Court of Missouri · 1872
- Boogher v. BryantSupreme Court of Missouri · 1885
6 more not listed; retrieve them via the Exa API.