L. B. Price Mercantile Co. v. Cuilla
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; J. S. Maples, Judge on Exchange; 1. The court, on appellant’s request, should have given a peremptory instruction to find for the defendant.
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Appeal from Sebastian Circuit Court, Fort Smith District; J. S. Maples, Judge on Exchange; 1. The court, on appellant’s request, should have given a peremptory instruction to find for the defendant. A plaintiff, to maintain an action of this kind, must prove both malice and want of probable cause, the main inquiry being, did the prosecutor in the former action have reason or probable cause to prosecute or sue? ■ If the prosecution was instituted upon advice of counsel, especially that of a public prosecutor, that is a complete defense, even though that advice was erroneous, and the facts were…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the appellee against the appellant to recover damages for an alleged malicious prosecution instituted against him before a justice of the peace of Sebastian County, Arkansas, by appellant’s agent, one G. F. Berwinkle. Appellant is a foreign corporation, domiciled and engaged in business at Fort Worth, Texas, with branch offices at Oklahoma City, Oklahoma, and at Fort Smith, Arkansas. It is engaged in the business of peddling merchandise from house to house through sales agents sent out for that purpose. Appellee was one of appellant’s sales agents for a year or…
2Cases cited11 opinions
- Harpham v. WhitneyIllinois Supreme Court · 1875
- Griswold v. GriswoldCalifornia Supreme Court · 1904
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
- Duckworth v. StateSupreme Court of Arkansas · 1907
- Lavender v. HudgensSupreme Court of Arkansas · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Thiel v. DoveSupreme Court of Arkansas · 1958
- Brodrib v. DobersteinSupreme Court of Connecticut · 1928
- Kable v. CareySupreme Court of Arkansas · 1918
- Malvern Brick & Tile Co. v. HillSupreme Court of Arkansas · 1961
- Jennings Motors v. BurchfieldSupreme Court of Arkansas · 1931
17 more not listed; retrieve them via the Exa API.