Sharpe v. Johnston
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. I. The 1st and 12th instructions given for plaintiff are erroneous because they are mere abstract propositions oflaw, and tend to mislead the jury. The issue was not the guilt or innocence of plaintiff, but whether, from all the facts and circumstances connected with the matter, the defendants had reasonable cause to believe him guilty.
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Appeal from, St. Louis Circuit Court. I. The 1st and 12th instructions given for plaintiff are erroneous because they are mere abstract propositions oflaw, and tend to mislead the jury. The issue was not the guilt or innocence of plaintiff, but whether, from all the facts and circumstances connected with the matter, the defendants had reasonable cause to believe him guilty. (Fitzgibbon vs. Brown, 43 Me., 169,174; Boss vs. Jones, 26 Ill., 259 ; Hayes vs. Blizzard, 30 Ind., 457; Seibert vs. Brown, 5 Watts & S., 438; Scanlon vs. Curly, 9 Abb. Pr. [N. Y.] 94.) II. The 2d instruction given for…
1Opinion of the CourtHough, Judge
This was an action for a malicious prosecution instituted by Sharpe against Johnston, Henry G. McPike and Abraham McPike. The petition contained three counts. There was a finding for the defendants on the second and third counts, and on the first count plaintiff had a verdict and judgment for $6,331.12, which was affirmed at General Term- and from which judgment defendants have appealed to this court. The first'count is as follows:
“Plaintiff states that the defendants, contriving and maliciously intending to injure plaintiff in his good name, fame and credit,, an’d to bring him into public…
2Cases cited3 opinions
- Merrill v. . GreenNew York Court of Appeals · 1873
- Hill v. PalmSupreme Court of Missouri · 1866
- Doane, Warburton & King v. NewmanSupreme Court of Missouri · 1846
3Cited by33 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
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