Prostick v. Vroom

The opinion of the court was delivered by

Porter, J.

This is an appeal from a judgment entered in the Supreme Court reversing a judgment recovered by the plaintiff in an action for malicious prosecution in the Clifton District Court.

The material facts are not in dispute. On April 15th, 1939, the wife of the defendant accompanied by her daughter purchased from the plaintiff at his jewelry store a Bulova “Clipper” wrist watch for $14. The plaintiff gave the purchaser his card on which was written “April 15th, 1939 — • Bulova Strap Watch — Clipper—One years service free” to which was signed the…