Crawford v. Euclid National Bank

In the first paragraph of the syllabus in Bruck, supra, this court stated that “[a]s a general rule no suit will lie for the malicious prosecution of a civil action, where there has been no arrest of the person or seizure of property.”

The plaintiffs-appellants submit that one who has been required to deposit funds in an escrow account and accept a less favorable mortgage rate has sustained a sufficient seizure of property to establish a prima facie cause of action for malicious prosecution, assuming all other elements of the tort are also present. Appellants contend that the requirement that…