Dewitt v. Syfon

In this suit for malicious prosecution the plaintiff prevailed in the trial court both as to actual and punitive damages. Plence this appeal.

The prosecution of plaintiff which is alleged to nave been malicious and without probable cause was brought under section 4570, Revised Statutes 1909, making it a criminal offense for a mortgagor to sell or dispose of mortgaged property without the written consent of the mortgagee and without informing the purchaser of the fact of the mortgage for the purpose of defrauding such mortgagee. The plaintiff in this case executed a chattel mortgage to…