China v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Mauedin, J., Camden, Action by C. L. China against Seaboard Air Line Railway. From judgment for plaintiff, defendant appeals. cite: As to burden of proving malice: 16 S. C. 393; 70 S. C. 429; 5 S. C. 476; 20 S. C. L. 499. Larceny after breach of trust: Crim.
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Before Mauedin, J., Camden, Action by C. L. China against Seaboard Air Line Railway. From judgment for plaintiff, defendant appeals. cite: As to burden of proving malice: 16 S. C. 393; 70 S. C. 429; 5 S. C. 476; 20 S. C. L. 499. Larceny after breach of trust: Crim. Code, sec. 188. Consultation with counsel as negativing malice: 19 A. & E. Enc. of L. 650, 657, 658, 659. Presumption and probable cause: 9 R. C. L. 1279, sec. 20; 31 S. C. 343; 104 S. C. 149; 57 S. C. 228. cite: As to fraudulent breach of trust: 98 S. C. 422 ; 6 A. & E. Ann. Cas. 344. Presumption of malice from absence of probable…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action in tort for malicious prosecution; that is to say: That the railway company had aforetime indicted plaintiff for breach of trust with fraudulent intent; that the circumstances of the case did not render the charge probably true; that the railroad company was instigated by express malice towards China to make the charge; that the grand jury returned “ho bill” on the charge. Upon the conclusion of the testimony the Court declined to grant a nonsuit on the stated issues, and sent the cause to a jury, and the jury found $400 for the…
2Cases cited3 opinions
- Stoddard v. RolandSupreme Court of South Carolina · 1889
- State v. BarnettSupreme Court of South Carolina · 1914
- Smith v. HughesSupreme Court of South Carolina · 1916
3Cited by19 opinions
- Bushardt v. United Investment Co.Supreme Court of South Carolina · 1922
- Parrott v. Plowden Motor Co.Supreme Court of South Carolina · 1965
- Bell v. Clinton Oil MillSupreme Court of South Carolina · 1924
- Brown v. BaileySupreme Court of South Carolina · 1949
- Jennings v. Clearwater Mfg. Co.Supreme Court of South Carolina · 1934
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