Eastman v. Keasor
Supreme Court of New Hampshire
Case,"for malicious prosecution. The defendant, Edmund Keasor, had caused the plaintiff, Daniel Eastman, to be indicted for selling, without the defendant’s consent, a wagon, mortgaged by the plaintiff to the defendant, on which indictment the plaintiff was tried and acquitted. The plaintiff had mortgaged to the defendant a wagon and harness, and the plaintiff had subsequently sold a wagon.
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Case,"for malicious prosecution. The defendant, Edmund Keasor, had caused the plaintiff, Daniel Eastman, to be indicted for selling, without the defendant’s consent, a wagon, mortgaged by the plaintiff to the defendant, on which indictment the plaintiff was tried and acquitted. The plaintiff had mortgaged to the defendant a wagon and harness, and the plaintiff had subsequently sold a wagon. It was in controversy whether the wagon sold by the plaintiff was the wagon which the parties understood to be included in the mortgage, and whether the wagon sold was owned by the plaintiff' at the time…
1Opinion of the CourtBellows, J.
The defendant, having caused the plaintiff to be indicted for selling without the defendant’s consent a wagon mortgaged to him by the plaintiff, the plaintiff having been acquitted upon the trial, brings his action on the case for malicious prosecution.
It appeared that it was in controversy whether the wagon sold by the plaintiff was the one which the parties understood was included in the mortgage, and whether it was owned by the plaintiff at the time of executing the mortgage. Under the circumstances, the defendant was allowed to testify that before the criminal prosecution he consulted two…
2Cited by4 opinions
- Stock v. ByersSupreme Court of New Hampshire · 1980
- Cohn v. SaidelSupreme Court of New Hampshire · 1902
- Hogan v. Robert H. Irwin Motors, Inc.Supreme Court of New Hampshire · 1981
- Cohn v. SaidelSupreme Court of New Hampshire · 1902