Burton v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin ■county, to recover damages for malicious institution and prosecution •of a civil action. The complaint alleges that in July, 1882, the plaintiff was the sole owner of a large and flourishing business at Fergus Falls, and had a stock of goods of the value of $15,000, the same being the whole of his property.
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Plaintiff brought this action in the district court for Hennepin ■county, to recover damages for malicious institution and prosecution •of a civil action. The complaint alleges that in July, 1882, the plaintiff was the sole owner of a large and flourishing business at Fergus Falls, and had a stock of goods of the value of $15,000, the same being the whole of his property. That the defendant at this time commenced an action by attachment against the plaintiff and one Louis Brin, Jr., jointly, with the malicious and wrongful intent of ruining the plaintiff and destroying'his business, and in…
1Opinion of the CourtBerry, J.
The plaintiff sues for the instituting and prosecuting of a civil action against him, and for the procuring of an attachment therein, and its levy upon his goods and chattels, all, as alleged, with malice and without probable cause. In an action of this kind the .affirmative is on the plaintiff to show want of probable cause. As respects a criminal prosecution, the following definition of “probable cause” is approved by many authorities, and in Cole v. Curtis, 16 Minn. 161, (182,) by this court, viz., “a reasonable ground of suspicion, supported by circumstances sufficiently strong in…
2Cases cited8 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Closson v. StaplesSupreme Court of Vermont · 1869
- Grant v. MooreCalifornia Supreme Court · 1866
- Thaule v. . KrekelerNew York Court of Appeals · 1880
- Walton v. PerkinsSupreme Court of Minnesota · 1881
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3Cited by33 opinions
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