Babcock v. Merchants' Exchange
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The court erred in giving the instruction for a non-suit. It is necessary for a plaintiff to show malice and want of probable cause, and when that is done a case is made. The acquittal of Babcock in this case was prima facie evidence of the want of probable cause. It was sufficient to prevent a nonsuit. Oasperson v. Sproule, 39 Mo. 39; Thomas v. Smith, 51 Mo.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The court erred in giving the instruction for a non-suit. It is necessary for a plaintiff to show malice and want of probable cause, and when that is done a case is made. The acquittal of Babcock in this case was prima facie evidence of the want of probable cause. It was sufficient to prevent a nonsuit. Oasperson v. Sproule, 39 Mo. 39; Thomas v. Smith, 51 Mo. App. 605; Sharpe v. Johnson, 16 Mo. 660. Malice may be inferred from want of probable cause, and the whole question should be submitted to the jury under…
1Opinion of the Court
In Division One.
MARSHALL, J.
This is an action for ten thousand dollars actual, and forty thousand dollars punitive damages, for malicious prosecution of the plaintiff, in the police court of the city of St. Louis upon a charge of disturbing the peace of Nat. L. Moffitt, one of the co-defendants herein. The information was filed in the police court by H. A. Clover, Jr., the city attorney, ex officio, on the fifteenth of July, 1897, and the prosecution was in the name of the city of St. Louis and against the plaintiff. As is usual in such proceedings, a summons was issued and served on…
2Cases cited5 opinions
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- State v. ReedSupreme Court of Missouri · 1900
- Johnson v. ClemCourt of Appeals of Kentucky · 1884
- Phillips v. City of SpringfieldIllinois Supreme Court · 1866
- St. Louis v. BabcockSupreme Court of Missouri · 1900
3Cited by4 opinions
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Coffman v. Shell Petroleum Corp.Missouri Court of Appeals · 1934
- Reitz v. HaywardMissouri Court of Appeals · 1903
- Dwyer v. St. Louis Transit Co.Missouri Court of Appeals · 1904