Talbott v. Great Western Plaster Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. W. B. Teasdah, Special Judge. (1) Instruction number two, given for respondent, is reversibly erroneous, (a) The first three lines are not only a mere abstraction, but an incorrect one. As applied to this class of actions, there is no such thing as malice in law. Its existence is a fact to be established as any other fact is established.
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Appeal from the Jackson Circuit Court. — Hon. W. B. Teasdah, Special Judge. (1) Instruction number two, given for respondent, is reversibly erroneous, (a) The first three lines are not only a mere abstraction, but an incorrect one. As applied to this class of actions, there is no such thing as malice in law. Its existence is a fact to be established as any other fact is established. True, in some instances the jury may infer its existence from other established facts, but in no ease is it necessarily inferable. Grant v. Reinhart, 33 Mo. App. 74, 82, 84; Sharpe v. Johnston, 59 Mo. 575;…
1Opinion of the CourtBeoaddhs, J.
This cause was tried in division number two of the Jackson county circuit court on the twenty-ninth day of May, 1899, before W. B. Teasdale, special judge, and *562verdict had for the plaintiff for $272.50, from which and the judgment thereon defendants, the Great Western Plaster Company and George A. Ely have appealed; William Weston and Weston Lime & Cement Association having been dismissed before the case was finally submitted to the jury.. The suit is for a wrongful and malicious prosecution of an attachment, without probable cause. It is alleged that on the nineteenth day of July, 1898, the…
2Cases cited9 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
- Phelps v. McNeelySupreme Court of Missouri · 1877
- Hundley v. FarrisSupreme Court of Missouri · 1890
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3Cited by4 opinions
- Talbott v. Great Western Plaster Co.Missouri Court of Appeals · 1910
- Talbot v. Great Western Plaster Co.Missouri Court of Appeals · 1912
- Lewis v. MuseMissouri Court of Appeals · 1908
- Fillaus v. GreenfieldSouth Dakota Supreme Court · 1917