Petrich v. McDonald

— Plaintiff instituted this action to recover damages from defendant for malicious prosecution of an earlier civil action for the foreclosure of a preferred ship mortgage. The jury returned a verdict for the plaintiff. Alternative motions for judgment notwithstanding the verdict and for new trial having been made and denied, the court entered judgment for plaintiff. Defendant has appealed.

The events leading up to this litigation are as follows: In February, 1947, respondent, being indebted to appellant for approximately twenty-five thousand dollars, gave appellant a preferred ship mortgage on…