Cohn v. Saidel
Supreme Court of New Hampshire
Case, for malicious prosecution. Both actions were tried together at the October term, 1901, of the superior court, before Stone, J., and a jury, and the plaintiff had a verdict. Tbe declarations alleged a conspiracy between tbe defendants and one Clark to injure the plaintiff in his business. For some time prior to April 17, 1899, the plaintiff and the defendants were partners in the tailoring business in Concord, the former having charge of the shop and business.
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Case, for malicious prosecution. Both actions were tried together at the October term, 1901, of the superior court, before Stone, J., and a jury, and the plaintiff had a verdict. Tbe declarations alleged a conspiracy between tbe defendants and one Clark to injure the plaintiff in his business. For some time prior to April 17, 1899, the plaintiff and the defendants were partners in the tailoring business in Concord, the former having charge of the shop and business. On that day the defendants sold their interest therein to the plaintiff for $250. On July 11, 1899, the defendants brought two…
1Opinion of the Court
The refusal to direct a verdict for the defendants was proper. No question of the sufficiency of the plaintiff's declaration being raised, it was only essential to the maintenance of his action that he should satisfy the jury that the proceedings against him instituted by the defendants were malicious and with* out probable cause. The existence of malice is always exclusively question for the jury, and so is the question of probable cause so as it is dependent upon the credibility of the evidence which has been given to prove or disprove its existence. Hence, although in an action for…
2Cases cited8 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Dinsman v. WilkesSupreme Court of the United States · 1852
- Friel v. PlumerSupreme Court of New Hampshire · 1898
- Bixby v. DunlapSupreme Court of New Hampshire · 1876
- Kimball v. HolmesSupreme Court of New Hampshire · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Martin v. Applied Cellular Technology, Inc.Court of Appeals for the First Circuit · 2002
- ERG, Inc. v. BarnesSupreme Court of New Hampshire · 1993
- Keenan v. FearonSupreme Court of New Hampshire · 1988
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
- People v. SmithCalifornia Court of Appeal · 1921
18 more not listed; retrieve them via the Exa API.