Legal Opinion

Shong v. Stinchfield

North Dakota Supreme Court

Decided April 21, 1921PublishedCited by 7 opinions

Action for malicious prosecution in District Court, Bottineau County, Butiz, J. In actions for malicious prosecution and false imprisonment, proof that defendant as prosecuting witness in good faitb fully and fairly stated all of the material facts within his knowledge to the prosecuting officer and acted on his advice establishes a case of probable cause.

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Action for malicious prosecution in District Court, Bottineau County, Butiz, J. In actions for malicious prosecution and false imprisonment, proof that defendant as prosecuting witness in good faitb fully and fairly stated all of the material facts within his knowledge to the prosecuting officer and acted on his advice establishes a case of probable cause. Smith v. Tolan (Mich.) 122 N. W. 513; Baldwin v. Capitol Steam Laundry Co. (Minn.) 122 N. W. 46iO; Brisley v. Schuls, 124 Wis. 426, 102 N. 918. The question, whether the defendant was protected from a suit for malicious prosecution, when…

1Opinion of the CourtBronson, J.

Statement. — This is an action for malicious prosecution. The jury returned a verdict of $2,200 in plaintiff’s favor. The defendants have appealed from the judgment entered and the order denying a judgment non obstante, or, in the alternative, a new trial. The facts are substantially as follows:

The plaintiff was employed as the grain buyer and agent of the defendant company, in charge of its elevator, coal, feed, and grain business at Kramer, North Dakota, for about thirteen months from July, 1917 until August, 1918. He was hired at a salary of $60 per month with the understanding, as…

2Cases cited4 opinions

  1. Kolka v. JonesNorth Dakota Supreme Court · 1897
  2. Merchant v. PielkeNorth Dakota Supreme Court · 1900
  3. Comeford v. MorwoodNorth Dakota Supreme Court · 1916
  4. St. Johns National Bank v. Township of BinghamMichigan Supreme Court · 1897

3Cited by7 opinions

  1. Redahl v. StevensNorth Dakota Supreme Court · 1933
  2. Mielke Ex Rel. Mielke v. RodeNorth Dakota Supreme Court · 1929
  3. Kirby v. First National BankSouth Dakota Supreme Court · 1936
  4. Lux Ex Rel. Lux v. BendewaldNorth Dakota Supreme Court · 1922
  5. Johnson v. HuhnerNorth Dakota Supreme Court · 1948

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