Morton v. Young
Supreme Judicial Court of Maine
On Exceptions. Case for malicious suit. After introducing original writ, Young v. Morton, .returnable before a trial justice in this county, G. S. Bean, called by the plaintiff, testified, substantially, that, as deputy sheriff, he arrested the plaintiff by virtue of the writ here introduced, Eeb. 20, 1865, about one o’clock, p. m., and kept him under arrest until nearly evening, when the plaintiff paid $15, alleging at the same time that he owed the defendant nothing, but…
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On Exceptions. Case for malicious suit. After introducing original writ, Young v. Morton, .returnable before a trial justice in this county, G. S. Bean, called by the plaintiff, testified, substantially, that, as deputy sheriff, he arrested the plaintiff by virtue of the writ here introduced, Eeb. 20, 1865, about one o’clock, p. m., and kept him under arrest until nearly evening, when the plaintiff paid $15, alleging at the same time that he owed the defendant nothing, but had previously adjusted all claims between them; that the plaintiff was about starting for the west, when arrested; that…
1Opinion of the CourtDickerson, J.
— Case for malicious prosecution. The question reserved in this case is, whether the plaintiff, having submitted to the original suit, by paying part of the sum demanded, is thereby concluded from showing that it was brought without probable cause. The counsel for the defendant maintains the affirmative of this proposition, but the presiding Judge instructed the jury, that, while this would be true if the payment was made voluntarily, it would be otherwise if the plaintiff settled the claim to obtain his liberty from arrest and duress, denying all right of the defendant at the time of…
2Cases cited1 opinion
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