Mitchell v. Wall
Massachusetts Supreme Judicial Court
Tort. The first count was for malicious arrest and false imprisonment. The second was for slander in charging the plaintiff with larceny.
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Tort. The first count was for malicious arrest and false imprisonment. The second was for slander in charging the plaintiff with larceny. Trial in the Superior Court, before Putnam, J., who allowed the following bill of exceptions : “ It was admitted that the plaintiff was innocent of the crime on account of which the arrest was made, the defendant claiming that he had acted in good faith, without malice, and under an honest mistake of identity in causing the arrest and detention, in consequence of a strong resemblance which he alleged the plaintiff bore to a person believed to be guilty of…
1Opinion of the CourtAmes, J.
The instructions given to the jury were correct, and leave.to the defendant no ground of complaint. The jury were told that the plaintiff must satisfy them that there was no probable cause for the arrest on the part of the defendant, and that the act was done maliciously. The definitions given of “ probable cause,” and of “ malice,” were such as have received the repeated, sanction of this court, and of many others. Bacon v. Towne, 4 Cush. 217. Stone v. Crocker, 24 Pick. 81. Wilder v. Holden, Ib. 8. Munns v. Dupont, 3 Wash. C. C. 31.
*499Whether there was probable cause, in cases of this kind, is…
2Cases cited1 opinion
- Munns v. De NemoursU.S. Circuit Court for the District of Pennsylvania · 1811
3Cited by21 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- Foster v. PittsSupreme Court of Arkansas · 1897
- Jenkins v. GilliganSupreme Court of Iowa · 1906
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