Good v. French
Massachusetts Supreme Judicial Court
Tort for malicious prosecution and for slander. Trial in the Superior Court before Rockwell, J., who allowed a bill of exceptions in substance as follows: It appeared that the plaintiff had bought a lot of flour in the name of one Cutler, of the firm of which the defendant was a member ; that he had not authority to use Cutler’s name ; that the flour was not paid for, and that the defendant made a complaint before the Municipal Court of the city of Boston, and caused the…
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Tort for malicious prosecution and for slander. Trial in the Superior Court before Rockwell, J., who allowed a bill of exceptions in substance as follows: It appeared that the plaintiff had bought a lot of flour in the name of one Cutler, of the firm of which the defendant was a member ; that he had not authority to use Cutler’s name ; that the flour was not paid for, and that the defendant made a complaint before the Municipal Court of the city of Boston, and caused the plaintiff to be arrested for obtaining the flour by false pretences, and that he was discharged. To prove the proceedings…
1Opinion of the CourtAmes, J.
In this, as in most cases of the kind, the real controversy was upon the question of probable cause. The want of probable cause is a vital and indispensable element in the plaintiff’s case, as to which the burden of proof rests upon him. Whether there was a want of such cause is a question of law upon the facts proved. Kidder v. Parkhurst, 3 Allen, 393. It is to be judged of, not upon the actual state of the case, but upon the honest and reasonable belief of the party that instituted the prosecution complained of. Bacon v. Towne, 4 Cush. 217. The case reported in this bill of exceptions shows…
2Cited by15 opinions
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Wynne v. RosenMassachusetts Supreme Judicial Court · 1984
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- Bath v. MetcalfMassachusetts Supreme Judicial Court · 1887
- Krulevitz v. Eastern RailroadMassachusetts Supreme Judicial Court · 1886
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