Bernstein v. Maimes

WOOD (Parker), J.

These two actions for damages for malicious prosecution were consolidated for trial and, in a trial by jury, judgments were for plaintiffs. Defendant appeals from the judgments and the orders denying his motions for new trials.

Plaintiff Samuel Bernstein (referred to herein as Samuel) and defendant Maimes had been acquaintances about 15 years. In the view of the evidence most favorable to plaintiffs, some of the facts are as follows: In 1949, Samuel told Maimes that he intended to open an upholstering business. Maimes, who intended to open a furniture and upholstering business…