Cohen v. Ferguson Ex Rel. Ferguson

Howard Lee Ferguson brought this suit for malicious prosecution against J. B. Cohen. The defenses were:

1. Defendant did not prosecute nor instigate the prosecution of plaintiff.

*1682. Defendant had probable cause for believing that plaintiff was guilty of the criminal offense for which he was indicted and prosecuted.

3. Defendant’s actions in regard to plaintiff were not the result of malice.

After a full hearing, the jury could not agree. The parties and their attorneys, with the approval of the trial judge, entered into an agreement, by stipulation preserved in the bill of exceptions, page 300,…