Barron v. Mason
Supreme Court of Vermont
Case for a malicious prosecution against the plaintiff for obtaining money under false pretences from Roswell Hunt, for the alleged infringement by him of a patent for a water wheel, known as Parker’s water wheel. Plea, the general issue, and trial by jury, at the May Term, 1857, of the Windsor County Court, Underwood, J., presiding.
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Case for a malicious prosecution against the plaintiff for obtaining money under false pretences from Roswell Hunt, for the alleged infringement by him of a patent for a water wheel, known as Parker’s water wheel. Plea, the general issue, and trial by jury, at the May Term, 1857, of the Windsor County Court, Underwood, J., presiding. The plaintiff gave in evidence a duly certified copy of the complaint, and the proceedings thereon, in the prosecution against him, described in the declaration ; also the letters patent of Parker’s water wheel, an assignment thereof from the patentee to Z.…
1Opinion of the Court
Redeield, Ch. J.
The questions discussed in this case seem chiefly to center in this:
Is the fact that the plaintiff had, by false pretences, extorted money from other persons, about the same time, for alleged infringements of the same patent, and that this had come to the defendant’s knowledge before the prosecution, incompetent evidence to go to the jury in this case, except upon the question of damages? For this is the substance of the decision below upon this point.
The books upon this point all concur in saying that the plaintiff must prove (and of course the defendant may disprove) both…
2Cases cited5 opinions
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Foshay v. FergusonNew York Supreme Court · 1846
- Hall v. SuydamNew York Supreme Court · 1849
- French v. SmithSupreme Court of Vermont · 1827
- Millick v. PetersonU.S. Circuit Court for the District of Pennsylvania · 1807
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