Mason v. Clabby

Kun, J.,

This suit was filed by the plaintiff to recover damages for alleged malicious prosecution. According to the pleadings it was the defend*629ant Cutler who actually prosecuted the plaintiff, charging plaintiff with embezzlement before a police justice at Trenton, N. J. Thereafter, Cutler requested the district attorney to nol pros, the bills of indictment which had been found. The other defendant, Clabby, was named on the ground, as alleged, that he had written letters to Cutler on the basis of which it was claimed that the prosecution of Cutler was “at the instance, direction and…