Brown v. Bailey

OxnEr, Justice'.

This is an action for malicious prosecution. The appeal is by the plaintiff from an order of non-suit granted at the close of her testimony. The prosecution complained of was upon a ’charge of forgery. The primary question for determination is whether want of probable cause may be -reasonably inferred from the testimony.

For a long period of years certain heirs of the late M. S. Bailey, as partner^ under the firm name and style of M. S. Bailey & Son, Bankers, conducted a banking business .in the town of Clinton. It was managed by W. J. Bailey who owned the controlling interest…