Larocque v. Dorsey
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Actions by Anna Dorsey and by Joseph Dorsey against Joseph Rarocque. Judgments for plaintiffs, and defendant brings error.
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In Error to the District Court of the United States for the Eastern District of New York. Actions by Anna Dorsey and by Joseph Dorsey against Joseph Rarocque. Judgments for plaintiffs, and defendant brings error. Anna Dorsey brought an action to recover $20,000 damages for, malicious prosecution, and the jury rendered a verdict in her favor for $2,500. Her husband, Joseph Dorsey, brought an action for damages for loss of his wife’s services, alleged to have been the result of the malicious prosecution, and the jury gave him a verdict for $250. We shall pass certain preliminary history in…
1Opinion of the CourtMayer, Circuit Judge
(after stating the facts as above). [1] The case seems to have been tried under misapprehension of elementary principles applicable to an action of this kind. In false arrest, malice is immaterial.
[2] In malicious prosecution, the arrest may be lawfully or unlawfully made, but the prosecution must have been begun and favorably ended, and there must be both malice and want of probable cause.
[3] Malice may be actual or malice in law; i. e., inferred from the facts and inferences deducible therefrom. If there be want of probable cause, malice may be inferred; but, per contra, even if malice is…
2Cases cited12 opinions
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Wheeler v. NesbittSupreme Court of the United States · 1861
- Brown v. SelfridgeSupreme Court of the United States · 1912
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3Cited by2 opinions
- Coffman v. Shell Petroleum Corp.Missouri Court of Appeals · 1934
- Daniel v. PappasCourt of Appeals for the Eighth Circuit · 1926