Smith v. Eastern Building & Loan Ass'n
Supreme Court of North Carolina
Civil ACTION for damages, for malicious prosecution, tried before Brown, J., and a jury, at Fall Term, 1894, of Cea YEN Superior Court. There was verdict'for the defendant and refusal of a motion for a new trial. The plaintiff appealed. The facts and errors complained of appear in the opinion of Associate Justice Montgomery.
1Opinion of the Court
Montgomery, J.:
The plaintiff was arrested by the defendants on a warrant issued by a justice of the peace which chai’ged him with forgery, and upon examination was discharged for want of probable cause. The plaintiff thereupon brought this action against the defendant to recover damages for a malicious prosecution of him. Upon the second issue, “Was there probable cause for the prosecution '?” the Court told the jury “that if they believed that L. J. Moore was a lawyer and counselor of good standing, which is not disputed in the argument in this case, and Reynolds the general manager of the…
2Cases cited1 opinion
- Davenport v. . LynchSupreme Court of North Carolina · 1859
3Cited by7 opinions
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Bryant v. MurraySupreme Court of North Carolina · 1953
- Jones v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902
- Foster v. . DavisSupreme Court of North Carolina · 1918
- North British & Mercantile Ins. v. FeldmanCourt of Appeals for the Fourth Circuit · 1945
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