Green v. General Cigar Co.

Defendant’s motion for judgment on the pleadings was based upon the complaint, answer and plaintiff’s bill of particulars. The complaint contains allegations usual in an action for malicious prosecution and are to the effect that the defendant, through its agents, .caused plaintiff’s arrest upon the charge of criminally receiving stolen property. Lack of reasonable or probable cause is alleged in hose verba. Falsity of the charge is alleged; also, that the defendant was actuated by malice.

In addition, however, the complaint alleges that as a result of the arrest the plaintiff was held for the…