Leahey v. March
Supreme Court of Pennsylvania
Appeal, No. 415, Jan. T., 1893, by defendant, Samuel March, from judgment of C. P. Blair Co., June T., 1891, No. 61, on verdict for plaintiff, Caron Leahey. Trespass for malicious prosecution. At the trial before Landis, P. J., it appeared that, in 1891, defendant instituted against plaintiff a prosecution for larceny. A true bill was found against plaintiff, but he was acquitted. Plaintiff testified that, in December, 1890, he held four several promissory notes.
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Appeal, No. 415, Jan. T., 1893, by defendant, Samuel March, from judgment of C. P. Blair Co., June T., 1891, No. 61, on verdict for plaintiff, Caron Leahey. Trespass for malicious prosecution. At the trial before Landis, P. J., it appeared that, in 1891, defendant instituted against plaintiff a prosecution for larceny. A true bill was found against plaintiff, but he was acquitted. Plaintiff testified that, in December, 1890, he held four several promissory notes. Desiring to raise money on these notes, he went to defendant, who agreed to raise him some money, and an arrangement was finally…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
In an action for malicious prosecution it is essential that *462want of probable cause and malice concur. Want of probable cause will raise the presumption of malice, but this may be rebutted by evidence negativing such malice. It is well settled, as was said by Mr. Justice Tjrunkey in McCarthy v. De Armit, 99 Pa. 67, that what facts and circumstances will amount to probable cause is a question of law; whether they exist in a particular case is a question of fact; where the facts are in controversy the subject must be submitted to the jury, in which event it is the…
2Cases cited3 opinions
- Emerson v. CochranSupreme Court of Pennsylvania · 1886
- Dietz v. LangfittSupreme Court of Pennsylvania · 1870
- Mahaffey v. ByersSupreme Court of Pennsylvania · 1892
3Cited by4 opinions
- Bell v. Atlantic City RailroadSupreme Court of Pennsylvania · 1902
- Lazarus v. Home Building & Loan Ass'nSupreme Court of New Jersey · 1942
- Trautman v. WillockSuperior Court of Pennsylvania · 1926
- Herscovitz v. LinderSuperior Court of Pennsylvania · 1920