Masten v. Deyo
New York Supreme Court
This was an action of slander and for malicious prosecutian, tried at the Orange circuit, in October, 1827, before the Hon. James Emott, one of the, circuit judges, The declaration contained eight counts in slander, and one for malicious prosecution in procuring the plaintiff to be indicted for perjury. The plea was the general issue. The sPeahinS °f the words charged was proved, and evidence in support of the count for a malicious prosecution was given.
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This was an action of slander and for malicious prosecutian, tried at the Orange circuit, in October, 1827, before the Hon. James Emott, one of the, circuit judges, The declaration contained eight counts in slander, and one for malicious prosecution in procuring the plaintiff to be indicted for perjury. The plea was the general issue. The sPeahinS °f the words charged was proved, and evidence in support of the count for a malicious prosecution was given. Testimony was introduced by the defendant to shew a probable cause for the prosecution complained of as malicious, which was rebutted by…
1Opinion of the Court
By the court, Marcy, J.
The only question presented by this case is, whether the judge, at the trial, should not have decided that probable cause for the prosecution complained of was shewn, and not have left that question as he did for the jury to pass upon, without' other instruction from him than the remark, that he was inclined to believe there was evidence enough given of probable cause to protect the defendant. It is alleged, on the part of the defendant, that the judge erred in assigning to the jury the province of passing upon the evidence in relation to the probable cause. To sustain…
2Cases cited4 opinions
- Pangburn v. BullNew York Supreme Court · 1828
- Murray v. LongNew York Supreme Court · 1828
- Maddox v. JacksonSupreme Court of Virginia · 1815
- Crabtree v. HortonSupreme Court of Virginia · 1813
3Cited by32 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Heyne v. . BlairNew York Court of Appeals · 1875
- Carl v. . AyersNew York Court of Appeals · 1873
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Pennsylvania Co. v. WeddleIndiana Supreme Court · 1885
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