Lamprey v. H. P. Hood & Sons
Supreme Court of New Hampshire
Case, for malicious prosecution. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1905, of the superior court by Stone, J. The malicious prosecution alleged was an indictment found by the grand jury against the plaintiff for the use of milk cans belonging to the defendants and duly registered by them, in violation of the provisions of chapter 120, Laws 1903. A jury was impaneled to try the indictment.
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Case, for malicious prosecution. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1905, of the superior court by Stone, J. The malicious prosecution alleged was an indictment found by the grand jury against the plaintiff for the use of milk cans belonging to the defendants and duly registered by them, in violation of the provisions of chapter 120, Laws 1903. A jury was impaneled to try the indictment. After the state had introduced some evidence, a conference was had between the presiding justice and the solicitor concerning the law under which the indictment was…
1Opinion of the CourtChase, J.
The exceptions to the denials of the defendants1' motions for an order of nonsuit and an order directing a verdict-in their favor raise the question whether the entry by the solicitor of a nolle prosequi in the state case was, under the circumstances,, a sufficient termination of the case in the plaintiff’s favor to enable him to maintain this action. The answer to this question depends upon the answer to the further question, whether the entry was procured by the plaintiff or was made in consequence of a compromise to which he was a party. If it was caused in either of those ways, it was not…
2Cases cited2 opinions
- State v. CoxSupreme Court of New Hampshire · 1897
- Woodman v. PrescottSupreme Court of New Hampshire · 1890
3Cited by6 opinions
- White v. International Text Book Co.Supreme Court of Iowa · 1912
- Wynne v. RosenMassachusetts Supreme Judicial Court · 1984
- Robinson v. Fimbel Door Co.Supreme Court of New Hampshire · 1973
- Lechner v. EbenreiterWisconsin Supreme Court · 1940
- Bell Lumber Co. v. GrahamSupreme Court of Colorado · 1923
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