Legal Opinion

Krol v. Plodick

Supreme Court of New Hampshire

Decided May 4, 1915Published

Case, for malicious prosecution. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1913, of the ■superior court by Chamberlin, J. In August, 1910, the parties engaged in a game of pool in a Manchester pool-room for money. In making change there was some ■dispute about the genuineness of a two-dollar bill which Krol gave Plodick, and some of the bystanders said it was counterfeit.

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Case, for malicious prosecution. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1913, of the ■superior court by Chamberlin, J. In August, 1910, the parties engaged in a game of pool in a Manchester pool-room for money. In making change there was some ■dispute about the genuineness of a two-dollar bill which Krol gave Plodick, and some of the bystanders said it was counterfeit. Thereupon the defendant went to police headquarters and entered a complaint for passing counterfeit money against the plaintiff, who was arrested, tried, and acquitted. The defendant…

1Opinion of the CourtWalker, J.

It is argued by the defendant that the evidence excluded should have been admitted upon the ground that it was a circumstance which, taken in connection with what occurred in the pool-room, tended to prove that he had probable cause for instituting the prosecution against the plaintiff. If, as the defendant claims, his suspicions were aroused by the talk in the pool-room that the plaintiff had passed to him counterfeit money, it is difficult to understand why they should be confirmed or strengthened by the mere fact that subsequently he was informed that another man had been arrested upon a…

2Cases cited5 opinions

  1. Hyde v. GreuchCourt of Appeals of Maryland · 1884
  2. Schwartz v. BoswellCourt of Appeals of Kentucky · 1913
  3. Holburn v. NealCourt of Appeals of Kentucky · 1836
  4. Brainerd v. BrackettSupreme Judicial Court of Maine · 1851
  5. Bruce v. TylerIndiana Supreme Court · 1891

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