Lœwenthal v. Streng

Appellee brought an action on the case against appellant for malicious prosecution. The case was tried by the court and a jury, and a verdict was rendered against defendant for $10,000. A motion for a new trial was entered by defendant and overruled by the court, and, thereupon, the plaintiff entered a remittitur of $4000, and the court rendered a judgment for $6000, and defendant appeals.

Appellee was indebted to the bank of which appellant was president, in the sum of $5000, which was secured by a trust deed on real estate; also, in the further sum, by his note, unsecured, for $1200. When…