Legal Opinion

Medcalfe v. Brooklyn Life Insurance

Court of Appeals of Maryland

Decided June 21, 1876PublishedCited by 17 opinions

Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of-the Court. First Exception. — Omitted, being unimportant.

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Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of-the Court. First Exception. — Omitted, being unimportant. Second Exception. —The plaintiff offered the following prayers: 1. That unless the jury shall find from all the evidence, that the plaintiff, when he took to his own use, from time to time, the sum of $1400, mentioned in the evidence, he intended thereby fraudulently to embezzle the same, and cheat.the Company out of it, he was guilty' of no offence under section 49 of Article 30 of the Code of Public General Laws of the State, or any other law of…

1Opinion of the CourtBowie, J.

The subject of the present appeal, is an action for malicious prosecution, brought by the appellant, an agent or solicitor 'of policies, against the appellee, a corporation, organized under the laws of the State of New York, known as “The Brooklyn Life Insurance Company of New York.”

The gravamen of the suit is, that the appellee, on the first of May, 1873, at the City of Baltimore, falsely, and maliciously, and without any reasonable or probable cause whatsoever, charged the appellant, then being the agent of the appellee, with fraudulently embezzling the money *202of the appellee, and caused the…

2Cases cited5 opinions

  1. Wheeler v. NesbittSupreme Court of the United States · 1861
  2. Cecil v. ClarkeCourt of Appeals of Maryland · 1861
  3. Emerick v. CoakleyCourt of Appeals of Maryland · 1872
  4. Turner v. WalkerCourt of Appeals of Maryland · 1831
  5. Tongue v. NutwellCourt of Appeals of Maryland · 1869

3Cited by17 opinions

  1. Safeway Stores, Inc. v. BarrackCourt of Appeals of Maryland · 1956
  2. Krashes v. WhiteCourt of Appeals of Maryland · 1975
  3. Palmer Ford, Inc. v. WoodCourt of Appeals of Maryland · 1984
  4. Stansbury v. LuttrellCourt of Appeals of Maryland · 1927
  5. Walker v. American Security & Trust Co.Court of Appeals of Maryland · 1964

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