Graham v. Buffalo General Laundries Corp.

Pound, Ch. J.

The question is whether in an action for malicious prosecution a bare allegation in the complaint of want of probable cause is sufficient when the complaint shows on its face the presence of probable cause, i. e., that on a preliminary hearing before a magistrate on a charge of felony the magistrate held the plaintiff to await the action of the- grand jury which failed to indict. The holding of the accused by a magistrate after an examination into the facts establishes prima facie probable cause for the prosecution. (Hop kinson v. Lehigh Valley R. R. Co., 249 N. Y. 296, 300.)

The…