Smith v. C. I. T. Corporation

It is settled by numerous decisions of the Supreme Court and this court that before recovery can be had in a suit for damages based on the malicious use of civil process, it must be shown by the plaintiff that the person sued had, in the proceeding complained of, acted maliciously and without probable cause, and that such action had terminated in favor of the defendant therein. Where the defendant in the present action brought, as transferee and holder of a title-retention contract covering the sale of an automobile, a trover suit against the present plaintiff to recover the automobile under…