Wiggin v. Coffin
U.S. Circuit Court for the District of Maine
Case for a malicious prosecution. The declaration charged — that the said [George W.] Coffin, maliciously contriving to injure the said [Benjamin] Wiggin and to destroy his character and reputation, falsely, maliciously, and without any just or probable cause, made complaint and swore before the police court of Boston against the said Wiggin, that he, with one Walter Janes and others, at Bangor, did, on the loth day of June last past, unlawfully and wickedly conspire…
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Case for a malicious prosecution. The declaration charged — that the said [George W.] Coffin, maliciously contriving to injure the said [Benjamin] Wiggin and to destroy his character and reputation, falsely, maliciously, and without any just or probable cause, made complaint and swore before the police court of Boston against the said Wiggin, that he, with one Walter Janes and others, at Bangor, did, on the loth day of June last past, unlawfully and wickedly conspire together to defeat the sale of the lands of the commonwealth of Massachusetts offered for sale at public auction on the 19th…
1Opinion of the Court
STOR1", Circuit Justice,
in summing up to the jury, said: There were two things, which must concur in the present case to entitle the plaintiff to recover. The first is the want of probable cause for the prosecution. The second is malice in the defendant in carrying on the prosecution. If either ground fail, there is an end of the suit. The learned counsel for the defendant has insisted, that where all the facts are proved, the question, whether there is probable cause or not for the prosecution is mere matter of law. Perhaps in the abstract this may be *1159in a certain sense true, where all the…
2Cases cited3 opinions
- Steinbach v. Columbian InsuranceNew York Supreme Court · 1804
- Smith v. I. BrushNew York Supreme Court · 1811
- Pike v. EvansNew York Supreme Court · 1818
3Cited by10 opinions
- Florida Railway & Navigation Co. v. WebsterSupreme Court of Florida · 1889
- Newcomb v. StateMississippi Supreme Court · 1872
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Gabel v. WeisenseeTexas Supreme Court · 1878
- Flint & P. M. R. Co. v. Marine Ins.U.S. Circuit Court for the District of Eastern Michigan · 1895
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