Cohn v. Saidel
Supreme Court of New Hampshire
Case, for malicious prosecution. Both actions were tried together at the October term, 1901, of the superior court, before Stone, J., and a jury, and the plaintiff had a verdict. Tbe declarations alleged a conspiracy between tbe defendants and one Clark to injure the plaintiff in his business. For some time prior to April 17, 1899, the plaintiff and the defendants were partners in the tailoring business in Concord, the former having charge of the shop and business.
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Case, for malicious prosecution. Both actions were tried together at the October term, 1901, of the superior court, before Stone, J., and a jury, and the plaintiff had a verdict. Tbe declarations alleged a conspiracy between tbe defendants and one Clark to injure the plaintiff in his business. For some time prior to April 17, 1899, the plaintiff and the defendants were partners in the tailoring business in Concord, the former having charge of the shop and business. On that day the defendants sold their interest therein to the plaintiff for $250. On July 11, 1899, the defendants brought two…
1Opinion
In order to sustain the present action, it was incumbent on the plaintiff to prove that the defendants brought the original actions against him without having probable cause therefor, and with malice. This is a burden which he assumed and which remained with him during the trial. Upon the question of probable cause, he was bound to make it appear upon the evidence more probable than otherwise that the defendants did not have reasonable or probable grounds for instituting their actions against him. That was one of the issues in the case, — perhaps the most important one, — the nominally…
2Cases cited28 opinions
- United States v. RossSupreme Court of the United States · 1876
- Asevado v. OrrCalifornia Supreme Court · 1893
- Burhans v. Sanford & BrownNew York Supreme Court · 1838
- Deschenes v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- Holmes v. Chicago & Alton RailroadIllinois Supreme Court · 1880
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