Legal Opinion

Bailey v. CENTURY FINANCE COMPANY

Court of Appeals of Georgia

Decided June 10, 1968No. 43651PublishedCited by 4 opinions

1Opinion of the Court

Deen, Judge.

“To establish malice sufficient to authorize a recovery in cases of this kind, it is not necessary to prove the existence of personal hatred, ill-will, or motives of revenge on the part of the prosecutor toward the accused . . . Indeed, want of probable cause lies at the foundation of the action. Malice sufficient to sustain a recovery may be inferred from want of probable cause, but the want of such cause may never be inferred from malice ... It is perfectly consistent that one who really had no desire to injure should believe honestly that certain facts known to him established…

2Cases cited2 opinions

  1. Hicks v. BrantleySupreme Court of Georgia · 1897
  2. Peppas v. MilesCourt of Appeals of Georgia · 1950

3Cited by4 opinions

  1. Kviten v. NashCourt of Appeals of Georgia · 1979
  2. Rosenthal v. HudsonCourt of Appeals of Georgia · 1987
  3. Wilborn v. ElliottCourt of Appeals of Georgia · 1979
  4. Bailey v. Century Finance CompanyCourt of Appeals of Georgia · 1969

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