Eusant v. Unity Industrial Life Ins., Etc., Ass'n

I think the judgment of the district court should be affirmed.

The recognized rule that advice of counsel, particularly of a public prosecutor, will serve as a defense to an action for damages for malicious prosecution,' is subject to the equally well-recognized exception that such advice must be based upon a full disclosure of all facts, made after reasonable diligence to ascertain them and acted upon honestly and in good faith. Mullen v. Gause, 161 La. 461, 109 So. 31; Buchert v. Schumacher, 166 La. 111, 116 So. 718.

Advice of counsel in certain cases, under certain circumstances, gives a…