Davis v. McMillan
Michigan Supreme Court
Error to Wayne; Brooke, J. Case by Mark George Davis against Neil McMillan and Michael McMillan for malicious prosecution. There was judgment for plaintiff, and defendants bring error.
1Opinion of the CourtHooker, J.
The plaintiff’s declaration charges a malicious prosecution. Upon the trial of the cause he recovered a verdict of $4,000 damages. Judgment followed, and the defendants have appealed.
The action is based upon plaintiff’s arrest on a charge of false pretenses, -wherein it was claimed that he had falsely represented to Michael McMillan, secretary, that Kirby, president of the Detroit Boat Works, had authorized plaintiff’s brother to take certain tools and stock of said boat works away, thereby obtaining the same with intent to cheat and defraud. Upon the examination the pretense proven was, not…
2Cases cited11 opinions
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- Phillips v. Village of KalamazooMichigan Supreme Court · 1884
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