McMahon v. Florio

This is an action for malicious prosecution. The trial court directed a verdict for the defendant and thereafter granted the plaintiff’s motion to set the verdict aside on the ground that the court mistook the law pertaining to whether the conviction of the plaintiff upon a prosecution instituted by the defendant constituted conclusive proof of probable cause when the conviction was reversed on appeal. The defendant has appealed.

The facts can be briefly stated. The plaintiff and defendant were members of rival factions in the Democratic party in East Haven. The defendant operated a restaurant…