McIlroy v. Adams

Harrison, J.:

This was an action by Adams & Bro., against Denton D. Stark and William Mcllroy, for the malicious prosecution, without probable cause, of an action against them.

The averments of the complaint were: That the plaintiffs, on the 8th of September, 1873, executed to J. C. Pendleton, a note for $1032, payable ninety days thereafter, and that Pendleton, indorsed the note in blank, and the same was before maturity delivered to the defendants, who were partners and bankers under the firm name of D. D. Stark & Co., in Fayetteville, for ■collection. Pendleton not parting with his interest,…