Marcus v. Bernstein, Cohen & Co.
Supreme Court of North Carolina
Civil aotioN for malicious prosecution, tried before Brown, J., and a jury, at Spring Term, 1895, of Tyreell Superior Court. The plaintiff was arrested in a criminal proceeding at the instance of the defendant, and was charged with embezzling' goods to the amount of $80, belonging to the defendant. The plaintiff insisted that he purchased the goods out and out, and the defendant insisted that the goods were simply consigned to him to be sold, &c.
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Civil aotioN for malicious prosecution, tried before Brown, J., and a jury, at Spring Term, 1895, of Tyreell Superior Court. The plaintiff was arrested in a criminal proceeding at the instance of the defendant, and was charged with embezzling' goods to the amount of $80, belonging to the defendant. The plaintiff insisted that he purchased the goods out and out, and the defendant insisted that the goods were simply consigned to him to be sold, &c. The plaintiff was arrested and brought before a justice of the peace for trial, when the plaintiff “ acknowledged the claim and arranged with the…
1Opinion of the Court
Faircloth, C. J. :
His Honor charged the jury that upon the facts in this case the burden was upon the plaintiff to show to the-satisfaction of the jury, by a preponderance of evidence, that the prosecution was not only malicious, but that it was also commenced and the defendant was arrested without probable cause, and that the prosecution had terminated before the commencement of this action. Tins charge was quite favorable to the defendant, and as the plaintiff made no exception, those questions are out of our way. It is well settled that the criminal proceeding must be legally terminated…
2Cases cited4 opinions
- Hatch v. . CohenSupreme Court of North Carolina · 1881
- Graves v. DawsonMassachusetts Supreme Judicial Court · 1882
- Welch v. . CheekSupreme Court of North Carolina · 1894
- Ritchie v. BoyntonMassachusetts Supreme Judicial Court · 1874
3Cited by20 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Jones v. GwynneSupreme Court of North Carolina · 1984
- White v. International Text Book Co.Supreme Court of Iowa · 1912
- Ronald Lee Tucker v. Dewey Duncan and Tom RasmussenCourt of Appeals for the Fourth Circuit · 1974
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