Takamori v. Kanai

OPINION OF THE COURT BY

WHITING, J.

In an action for malicious prosecution the defendant, among other defenses, claimed and relied on as a defense and justifica*2tion that he acted, on the advice of counsel, which constituted probable cause; and he gave testimony himself, and called his counsel, as a witness, to show consultation with counsel on tbe (question of causing the arrest of plaintiff on a charge of embezzlement, and that counsel advised the arrest, and defendant acted upon that advice. Mr. Little, the counsel for defendant, was sworn as a witness on behalf of defendant, and testified…