MacLean v. Naumkeag Trust Co.

In the Superior Court the defendant’s demurrer was sustained. The plaintiff appealed. His declaration is in three counts. In his brief the plaintiff states that the first count is for malicious prosecution; the second "for false imprisonment, although in form sufficient to sustain an action for malicious prosecution.” The third count is for the abuse of process.

The first count alleges that the defendant maliciously and without probable cause procured the plaintiff to be indicted for the larceny of flour to the value of $5,000 of the property of the Naumkeag Trust Company; that without the…