Legal Opinion

Markley v. Snow

Supreme Court of Pennsylvania

Decided January 4, 1904No. Appeal, No. 112PublishedCited by 38 opinions

Appeal, No. 112, Oct. T., 1903, by defendant, from judgment of C. P. Washington Co., May T., 1903, No. 52, on verdict for plaintiff in case of Samuel B. Markley v. Philip Snow, J. W. Miller, H. J. Millar, and James W. Ellsworth, trading as James W. Ellsworth & Company. Trespass for malicious prosecution.

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Appeal, No. 112, Oct. T., 1903, by defendant, from judgment of C. P. Washington Co., May T., 1903, No. 52, on verdict for plaintiff in case of Samuel B. Markley v. Philip Snow, J. W. Miller, H. J. Millar, and James W. Ellsworth, trading as James W. Ellsworth & Company. Trespass for malicious prosecution. Before McIlvaine, P. J. The court charged in part as follows : [Now, there is one of the defendants in this case, James W. Ellsworth & Company, that is a partnership or a corporation, it does not appear very plainly here which, and I do not think it makes any difference which. Of course on…

1Opinion of the Court

Opinion by

Me. Justice Fell,

The plaintiff was arrested for setting fire to the barn of J. W. Ellsworth & Company, a partnership engaged in selling and mining coal. After his discharge on the entering of a nolle prosequi by the commonwealth, he brought this action for malicious prosecution and obtained a verdict against the police officer who made the information on which the warrant was issued, the superintendent of the business and the paymaster at whose instance the arrest was made, and against the partnership. It did not appear from the testimony that any member of the partnership had…

2Cases cited12 opinions

  1. Dickson v. WaldronIndiana Supreme Court · 1893
  2. Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
  3. Mali v. . LordNew York Court of Appeals · 1868
  4. Carter v. Howe Machine Co.Court of Appeals of Maryland · 1879
  5. Tolchester Beach Improvement Co. v. SteinmeierCourt of Appeals of Maryland · 1890

7 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Daniel v. RailroadSupreme Court of North Carolina · 1904
  2. Freezer v. MillerSupreme Court of Virginia · 1934
  3. Wood v. Southeastern Greyhound LinesCourt of Appeals of Kentucky (pre-1976) · 1946
  4. J. J. Newberry Co. v. JuddCourt of Appeals of Kentucky (pre-1976) · 1935
  5. Southern Ice Co. v. BlackTennessee Supreme Court · 1916

33 more not listed; retrieve them via the Exa API.

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