Casavan v. Sage
Massachusetts Supreme Judicial Court
Tort for alleged malicious prosecution. Writ dated June 28, 1906. At the trial in the Superior Court before Hardy, J., it appeared that on May 17,1906, the plaintiff was arrested under a warrant issued on the complaint of the defendant for the larceny of one vice, one wrench, one pair of shears and one joint runner.
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Tort for alleged malicious prosecution. Writ dated June 28, 1906. At the trial in the Superior Court before Hardy, J., it appeared that on May 17,1906, the plaintiff was arrested under a warrant issued on the complaint of the defendant for the larceny of one vice, one wrench, one pair of shears and one joint runner. The plaintiff testified that he was a plumber by trade; that he had been the manager of the New England Carbonator Company, which was sold in December, 1904, to the Sage Brothers Company, of which the defendant was the president; that he told the defendant at that time that he had…
1Opinion of the CourtRugg, J.
This is an action for malicious prosecution. The plaintiff was discharged by a court of competent jurisdiction after having been arrested upon a charge of larceny preferred against him by the defendant.
1. The plaintiff was permitted to testify, subject to the defendant’s exception, that after his arrest and while waiting for *552bail at police headquarters, the inspector called some one on the telephone and asked if it was Sage Brothers Company and said, “ You needn’t wait any longer because we went around the other way.” This evidence was inadmissible. It does not appear to have been spoken to…
2Cases cited4 opinions
- Gorham v. MoorMassachusetts Supreme Judicial Court · 1908
- Laing v. MittenMassachusetts Supreme Judicial Court · 1904
- Mitchell v. WallMassachusetts Supreme Judicial Court · 1873
- Ellis v. SimondsMassachusetts Supreme Judicial Court · 1897
3Cited by13 opinions
- Zygmuntowicz v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1922
- Carroll v. GillespieMassachusetts Appeals Court · 1982
- Muniz v. MehlmanMassachusetts Supreme Judicial Court · 1951
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Keefe v. JohnsonMassachusetts Supreme Judicial Court · 1939
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