Legal Opinion

Cole v. Curtis

Supreme Court of Minnesota

Decided July 15, 1870PublishedCited by 31 opinions

This action was commenced in the district court for Ramsey county against John Curtis and Edgar Nash, partners as Curtis & Nash, to recover damages for an alleged malicious prosecution. Judgment was recovered by the plaintiff in that court, and the defendants appeal. A very full statement of the case appears in the opinion of the court.

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This action was commenced in the district court for Ramsey county against John Curtis and Edgar Nash, partners as Curtis & Nash, to recover damages for an alleged malicious prosecution. Judgment was recovered by the plaintiff in that court, and the defendants appeal. A very full statement of the case appears in the opinion of the court. An allusion, however, is made therein to tbe sixth, ninth and tenth instructions given by the court at the trial, at the instance of the plaintiff, and excepted to by the defendants, which do not appear. These instructions are as follows, to wit: YI. That to…

1Opinion of the Court

*186 By the Court

McMillan, J.

This action is brought against the defendants for a malicious prosecution and arrest of the plaintiff upon the charge of larceny.

The complaint alleges the partnership of the defendants, and in due form alleges that on the 23d of February, 1869, the defendant John Curtis, acting for the firm, and with the actual knowledge and consent of Nash, the other partner, maliciously, and without probable cause, made complaint before the city justice of the city of St. Paul, charging the plaintiff with the larceny of certain personal property of the firm, described in the…

2Cases cited13 opinions

  1. Israel v. BrooksIllinois Supreme Court · 1860
  2. Munns v. De NemoursU.S. Circuit Court for the District of Pennsylvania · 1811
  3. Foshay v. FergusonNew York Supreme Court · 1846
  4. Center v. SpringSupreme Court of Iowa · 1856
  5. Vanderbilt v. MathisThe Superior Court of New York City · 1856

8 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
  2. Landa v. ObertTexas Supreme Court · 1876
  3. Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
  4. Lunsford v. DietrichSupreme Court of Alabama · 1890
  5. Gaston v. MerriamSupreme Court of Minnesota · 1885

26 more not listed; retrieve them via the Exa API.

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