Taubman v. Schulte, Inc.

Opinion by

Mr. Justice Simpson,

Plaintiff, a salesman of defendant, was arrested for selling its goods and keeping the proceeds. The committing magistrate held him to await the action of the grand jury, by which he was duly indicted, but, on trial, was acquitted. He then brought the present action for malicious prosecution, and now appeals from the judgment entered on an instructed verdict for defendant.

To sustain such an action, malice and want of probable cause must both be established: Cooper v. Wm. R. Hart & Co., 147 Pa. 594; Taylor v. American International Shipbuilding Corp., 275 Pa. 229.…