Stocking v. Howard

This is an action for malicious prosecution. A demurrer to the petition was sustained, and from the judgment thereon, plaintiff' has appealed. The ground on which the demurrer was sustained was that the affidavit of the defendant, upon which the warrant issued for the arrest of the plaintiff herein, did not sufficiently charge a crime. The affidavit charged that the plaintiff' herein, at St. Joseph, Missouri, had procured the signature of defendant, as indorser of a note for $1,000, payable to A. Beattie, by falsely and fraudulently representing to him that plaintiff was worth $1,200 in…