Newton v. Weaver

This is an action of the case for malicious prosecution. The prosecution alleged to have been malicious was an action of trover, brought against the plaintiff by the defendant, for the conversion of a quantity of hardware and other materials, sold to the plaintiff by the defendant, to be used in the erection of certain dwelling-houses, which the plaintiff was engaged in building. At the trial of the present action the defendant offered to show, by examination of the plaintiff and another witness, certain facts tending to prove that the plaintiff purchased the goods with the intent not to pay…