Schwatka v. Davidson
Superior Court of Pennsylvania
Appeal, No. 330, Oct. T., 1917, by defendant, from judgment of C. P. Delaware Co., June T., 1916, No. 124, on verdict for plaintiff in case of John M. Schwatka v. H. J. Davidson. Trespass for malicious prosecution. Before Broom-all, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant,
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought this action of trespass and filed a statement sounding in trespass on the case, for malicious prosecution. The learned judge of the court below gave binding instructions in favor of the defendant, judgment was entered upon the verdict and the plaintiff appeals.
The statement averred that the defendant had “falsely and maliciously, and without any reasonable or probable cause whatsoever, charged the plaintiff, with removing, on December 9, 1915, certain painters’ supplies bought by money of the said defendant, and obtainéd money on false pretense, to…
2Cases cited5 opinions
- Kramer v. LottSupreme Court of Pennsylvania · 1865
- Baird v. HouseholderSupreme Court of Pennsylvania · 1858
- Boyd v. SnyderSupreme Court of Pennsylvania · 1904
- Maher v. AshmeadSupreme Court of Pennsylvania · 1858
- Clark v. ForsythSuperior Court of Pennsylvania · 1913
3Cited by1 opinion
- Fendall v. EckertSuperior Court of Pennsylvania · 1926