Thurber v. Eastern Building & Loan Ass'n
Supreme Court of North Carolina
Civil actioN to recover damages for malicious prosecution, tried before Brown, J., and a jury, at the Fall'Term, 1891, of CraveN Superior Court. Upon an intimation by the Court that there was not sufficient evidence to go to the jury of the want of probable cause for the prosecution or to entitle the plaintiff to recover, the plaintiff submitted to a non-suit and appealed. The facts sufficiently appear in the opinion of Associate Justice Clark.
1Opinion of the Court
Clark, J.:
The only evidence upon which the plaintiff was arrested for forgery was that the plaintiff was assignee of a certificate of stock which Latham testified he had assigned to one Smith on the false representations of Smith, and that Thurber’s name was not mentioned and he did not know at the time that he was transferring the stock to Thurber though it so appears now on the back of the certificate. This was certainly not sufficient to justify a warrant for forgery being sued out against Thurber. The warrant was sued out by counsel acting on behalf of this defendant. That criminal…
2Cases cited1 opinion
- Davenport v. . LynchSupreme Court of North Carolina · 1859
3Cited by3 opinions
- Bryant v. MurraySupreme Court of North Carolina · 1953
- Thurber v. Eastern Building & Loan Ass'nSupreme Court of North Carolina · 1896
- North British & Mercantile Ins. v. FeldmanCourt of Appeals for the Fourth Circuit · 1945