Stone v. Crocker
Massachusetts Supreme Judicial Court
This was action for slander and malicious prosecution. In two of the counts, the defendant was charged with the malicious prosecution of the plaintiff, without any probable cause, for stealing the defendant’s account book.
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This was action for slander and malicious prosecution. In two of the counts, the defendant was charged with the malicious prosecution of the plaintiff, without any probable cause, for stealing the defendant’s account book. At the trial, before Wilde J., the plaintiff gave in evidence the complaint of the defendant, made to a justice of the peace, charging the plaintiff with the theft, and the record of the trial and discharge of the plaintiff by another justice of the peace; and this discharge was held by the judge to be prima facie evidence of want of probable cause. On the part of the…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. Actions for malicious prosecutions are regarded by the- law with jealousy. Lord Holt said, a hundred and fifty years ago, that they “ ought not to be favored, but managed with great caution.” Their tendency is to discourage prosecution for crimes, as they expose the prosecutors to civil suits. And the love of justice may not always be strong enough to induce individuals to commence prosecutions, when, if they fail, they may be subjected to the expense of litigation, if they be not mulcted in damages. Anciently, it was doubted whether such actions…
2Cases cited2 opinions
- Shock v. M'ChesneySupreme Court of Pennsylvania · 1808
- Crabtree v. HortonSupreme Court of Virginia · 1813
3Cited by5 opinions
- Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
- Britton v. MaloneyCourt of Appeals for the First Circuit · 1999
- Dunnington v. LoeserSupreme Court of Oklahoma · 1915
- Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
- Britton v. MaloneyCourt of Appeals for the First Circuit · 1999