McIntyre v. Meyer

This is an action for malicious prosecution in which plaintiff alleges defendant maliciously and without probable cause charged him with the crime of assault and battery. He was found "not guilty" by a jury in justice court and asks for $2,500 compensatory and $2,500 exemplary damages. The jury awarded a verdict for $1,750 without separation as to the kind of damages allowed. Defendant appeals contending the evidence is insufficient to support the verdict as he acted in good faith, upon the advice of his attorney, in commencing the criminal prosecution against plaintiff.

The evidence shows…