Grant v. Reinhart
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Y allí ant, Judge. The doctrine laid down in Beeson v. Southard, 10 N. Y. (6 Seld.) 286, has been unhesitatingly followed. It was there held that “ in an action for malicious prosecution, the plaintiff must allege and prove both malice and want of probable cause for the former suit. If there was probable cause, the action cannot be maintained, even though the prosecution complained of was' malicious.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Y allí ant, Judge. The doctrine laid down in Beeson v. Southard, 10 N. Y. (6 Seld.) 286, has been unhesitatingly followed. It was there held that “ in an action for malicious prosecution, the plaintiff must allege and prove both malice and want of probable cause for the former suit. If there was probable cause, the action cannot be maintained, even though the prosecution complained of was' malicious. Want of probable cause and malice must concur and the former cannot be inferred from any degree of malice which may be shown.”…
1Opinion of the CourtRombauee, P. J.
The plaintiffs were retailers of clocks and silverware in Kansas City and were formerly customers of the defendants who are wholesale dealers in the same articles in St. Louis. Prior to May 5, 1885, the plaintiffs discontinued their purchases from the defendants, remaining indebted to them in the sum of $261.05 on open account. The defendants placed the account in the hands of a collecting agent in St. Louis, who forwarded it to an attorney in Kansas City. The attorney called upon the-plaintiffs and pressed them to pay or secure the claim. Immediately thereafter the plaintiffs addressed the…
2Cases cited5 opinions
- Barron v. MasonSupreme Court of Vermont · 1858
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
- Brennan v. TracyMissouri Court of Appeals · 1876
- Froehly v. North St. Louis Mutual Fire InsuranceMissouri Court of Appeals · 1888
- City of Kansas v. MuhlbackSupreme Court of Missouri · 1878
3Cited by6 opinions
- Fry v. EstesMissouri Court of Appeals · 1892
- Ward v. HarenMissouri Court of Appeals · 1914
- McGarry v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Sheehan & Loler Transportation Co. v. SimsMissouri Court of Appeals · 1889
- Talbott v. Great Western Plaster Co.Missouri Court of Appeals · 1901
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