Humphreys v. Mead
Superior Court of Pennsylvania
Appeal, No. 108, April T., 1903, by defendant, from judgment of C. F. No. 2, Allegheny Co., Sept. T., 1900, No. 104, on verdict for plaintiff in case of William M. Humphreys v. James J. Mead and A. A. Speer, trading as Mead & Speer. Trespass to recover damages for malicious prosecution. Before Rodgers, J. At the trial it appeared that William M. Humphreys owned timber land in Westmoreland county.
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Appeal, No. 108, April T., 1903, by defendant, from judgment of C. F. No. 2, Allegheny Co., Sept. T., 1900, No. 104, on verdict for plaintiff in case of William M. Humphreys v. James J. Mead and A. A. Speer, trading as Mead & Speer. Trespass to recover damages for malicious prosecution. Before Rodgers, J. At the trial it appeared that William M. Humphreys owned timber land in Westmoreland county. In 1894 one A. M. Tressel made an agreement with Humphreys by which Tressel was to receive all over $4,500 for the timber if he should find a purchaser. Subsequently Tressel and wife bought the…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellants’ complaint is that the learned judge of the court below refused to give binding instructions to the jury in *417favor of the defendants. Such instructions would have been correct if the plaintiff failed to introduce competent evidence of want of probable cause and malice. It does not seem to be seriously contended that there was no evidence of want of probable cause. The testimony of the plaintiff was direct upon that subject, and lie was corroborated by the other evidence introduced in his behalf. The testimony of the appellants not only did not show that…
2Cases cited5 opinions
- Mitchell v. LoganSupreme Court of Pennsylvania · 1896
- Schofield v. FerrersSupreme Court of Pennsylvania · 1864
- Ritter v. EwingSupreme Court of Pennsylvania · 1896
- Bruff v. KendrickSuperior Court of Pennsylvania · 1902
- Bell v. Atlantic City RailroadSupreme Court of Pennsylvania · 1902
3Cited by4 opinions
- Hornin v. Montgomery Ward & Co.Court of Appeals for the Third Circuit · 1941
- Hubert v. the Alta Life Ins. Co.Superior Court of Pennsylvania · 1937
- Wolf v. SternSuperior Court of Pennsylvania · 1919
- Stonor v. RawalskiSuperior Court of Pennsylvania · 1917