Motsinger v. . Sink
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at November Term, 1914, of Foe-syth. Tbe plaintiff, as an employee of one W. H. Ziglar, traded a borse to tbe defendant, upon wbicb it is alleged one W. N. Cundiff beld a chattel mortgage, given by tbe man from whom Mr. Ziglar bad purchased tbe borse.
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Appeal by plaintiff from Lyon, J., at November Term, 1914, of Foe-syth. Tbe plaintiff, as an employee of one W. H. Ziglar, traded a borse to tbe defendant, upon wbicb it is alleged one W. N. Cundiff beld a chattel mortgage, given by tbe man from whom Mr. Ziglar bad purchased tbe borse. A civil action bad been brought by tbe defendant against tbe plaintiff and others, and after tbe termination of this action tbe defendant, on 19 April, 1913, caused a warrant to be issued by P. Y. Critcher, judge of tbe recorder’s court at Lexington, N. 0., charging tbe defend- ■ ant with disposing of mortgaged…
1Opinion of the Court
"Walker, J.,
after stating the case: There is sufficient evidence in this case for tbe jury upon tbe question of malice. Tbe meaning of that word, as used in defining what is malicious prosecution, is not necessarily ill-will, anger, resentment, or a revengeful spirit, but simply, a wrongful act knowingly and intentionally done tbe complaining party, without just cause or excuse. Stanford v. Grocery Co., 143 N. C., 419; Downing v. Stone, 152 N. C., 525. It may be no more than tb,e opposite of good faith. Hale on Torts, 354, says' that “Any prosecution carried on knowingly, wantonly, or…
2Cases cited19 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Stacey v. EmerySupreme Court of the United States · 1878
- Harpham v. WhitneyIllinois Supreme Court · 1875
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- Wood v. American National BankSupreme Court of Virginia · 1902
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3Cited by15 opinions
- Newton v. Standard Fire InsuranceSupreme Court of North Carolina · 1976
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
- Robinson Ex Rel. Robinson v. McAlhaneySupreme Court of North Carolina · 1938
- Kelly v. . Traction Co.Supreme Court of North Carolina · 1903
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