Pipkin v. Haucke
Missouri Court of Appeals
Appeal from the St. Louis County Court, Edwards, J. To warrant a recovery for malicious prosecution, malice and want of probable cause must be shown. — Sharpe v. Johnson, 59 Mo. 557; s. o. 76 Mo. 660; VansicMe v. Brown, 68 Mo. 627 ; Brennan v. Tracy, 2 Mo. App. 540; Cottrell v. Richmond, 5 Mo. App. 588 ; Burris v. North, 64 Mo. 426. It is sufficient that the defendant acted in good faith upon the advice of competent counsel. — Sparling v. Conway, 6 Mo.
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Appeal from the St. Louis County Court, Edwards, J. To warrant a recovery for malicious prosecution, malice and want of probable cause must be shown. — Sharpe v. Johnson, 59 Mo. 557; s. o. 76 Mo. 660; VansicMe v. Brown, 68 Mo. 627 ; Brennan v. Tracy, 2 Mo. App. 540; Cottrell v. Richmond, 5 Mo. App. 588 ; Burris v. North, 64 Mo. 426. It is sufficient that the defendant acted in good faith upon the advice of competent counsel. — Sparling v. Conway, 6 Mo. App. 283; s. c. 75 Mo. 510.
1Opinion of the CourtLewis, P. J.
This is an action for a malicious prosecution. There was a verdict for the defendant. The court gave, at the instance of the defendant, the following instruction : —
“ The court instructs that, if the jury believe and find from the evidence, that before the arrest and trial of plaintiff upon the charges mentioned in the petition, the said defendant stated the facts in connection with said charges, so far as he knew them, to the prosecuting attorney of said county, and gave to said prosecuting attorney the names of witnesses who had knowledge of such facts; and upon the information so given,…
2Cases cited4 opinions
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Hill v. PalmSupreme Court of Missouri · 1866
- Sappington v. WatsonSupreme Court of Missouri · 1872
- Sparling v. ConwaySupreme Court of Missouri · 1882
3Cited by2 opinions
- Flint-Walling Manufacturing Co. v. BallMissouri Court of Appeals · 1891
- Pritchett v. Northwestern Mutual InsuranceMissouri Court of Appeals · 1934