Thurber v. Eastern Building & Loan Ass'n
Supreme Court of North Carolina
Civil actior, to recover damages for malicious prosecution for forgery, tried before Boykin, J., and a jury, at Fall Term, 1895, of OraveN Superior Court. There was judgment for defendant and plaintiff appealed. The pertinent facts are stated in opinion of Associate Justice Claric.
1Opinion of the Court
Clark, J.:
"When this case was here before (116 N. C., 75) the evidence was merely that when the stock was assigned to Smith, “ Tlmrber’s name was not mentioned, and the assignor did not know at the time that he was transferring the stock to Thurber, though it so appears now on the back of the certificate.” From this it did not appear that Thurber’s name was not in the assignment when it was signed, but merely that his name was not mentioned, and it would seem ihat the assignor mistakenly had supposed he was assigning the stock to Smith. The Court held that such evidence was not probable cause…
2Cases cited3 opinions
- State v. . WyldeSupreme Court of North Carolina · 1892
- Johnson v. . ChambersSupreme Court of North Carolina · 1849
- Thurber v. Eastern Building & Loan Ass'nSupreme Court of North Carolina · 1895
3Cited by4 opinions
- Whipple v. GorsuchSupreme Court of Arkansas · 1907
- Fleming v. . McPhailSupreme Court of North Carolina · 1897
- William v. . MontagueSupreme Court of North Carolina · 1897
- In re StoneSupreme Court of North Carolina · 1918