McCormick v. Conway

The plaintiff sues to recover damages for an alleged malicious arrest, made at the instance of the defendant, who charged her under oath with passing a counterfeit bank note, knowing it to be such. There is no proof in the record showing that any actual damage was sustained by the plaintiff, or that she was imprisoned. The jury, however, found a verdict in her favor for the sum of $500, probably as vindictive damages.

We searched the evidence carefully, and find no proof of malice or of bad faith on the part of the defendant. It is true that malice may bo inferred from an utter absence of…