Welch v. . Cheek
Supreme Court of North Carolina
Civil action, tried at Spring Term, 1894, of RANDOLPH Superior Court, before Battle, J. The action was for malicious prosecution and false arrest, charging that the defendant had prosecuted the plaintiff before J. P. Phillips, a Justice of the Peace, for the crime of embezzlement.
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Civil action, tried at Spring Term, 1894, of RANDOLPH Superior Court, before Battle, J. The action was for malicious prosecution and false arrest, charging that the defendant had prosecuted the plaintiff before J. P. Phillips, a Justice of the Peace, for the crime of embezzlement. There was evidence tending to show that in September, 1889, the plaintiff C. H. Welch, purchased guano from H. S. Miller & Co., of Newark, N. J., and for the price of the same a note was executed to them for $234.56, and interest from November 1, 1889, by said C. H. Welch as principal, and Thomas F. Cheek and the…
1Opinion of the Court
Pee, Cukiam :
The dismissal of the warrant by the Justice of the Peace with the consent of the defendant was a sufficient proceeding to authorize the plaintiff, to sustain this action, and ordinarily such a determination would place the burden upon the defendant to show probable cause. Where, however, the proceeding is dismissed by virtue of an agreement • between the parties, the principle does not apply. There was testimony in this case tending to show some arrangement between the parties, under which the plaintiff paid a part of the costs and was discharged. In Massachusetts it is held that…
2Cases cited1 opinion
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
3Cited by7 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
- Marcus v. Bernstein, Cohen & Co.Supreme Court of North Carolina · 1895
- Welch v. . CheekSupreme Court of North Carolina · 1899
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