Patrick v. Wigley

This is an action for malicious prosecution of a criminal proceeding. Defendant in error was plaintiff in the trial court, and in a jury trial he obtained a judgment against defendant, who appeals.

Defendant was a contractor living in Albuquerque, New Mexico. He owned a Twin Engine Cessna Airplane, which he had taken over on a bad debt. He had no use for a plane of that size and decided to sell it. Plaintiff was a licensed pilot and had flown the plane for the former owner. He convinced the defendant that there would be a better opportunity to make a sale in Oklahoma City than in Albuquerque.

Th…