Sargent v. Polar Bar Ice Cream Co.

JANVIER, Judge.

This is a suit for damages for malicious prosecution. The defendants a.re the Polar Bar Ice Cream Company, Inc., and John C. Selway, the manager of its peddlers’ sales department.

It is charged by plaintiff, Lee E. Sargent, an ice cream peddler, that Selway, in his said capacity, with malice and without probable cause for believing in his guilt, caused his arrest and charged him with petty larceny. It is also alleged that petitioner subsequently was acquitted.

Defendants admit that they were responsible for Sargent’s arrest, but they aver that they had good reason to believe in…