Polo v. Edelbrau Brewery, Inc.

Memorandum Per Curiam.

Plaintiff’s cause of action is predicated on an alleged malicious interference by defendant with plaintiff’s bank account by means of a third party order containing a stay directed against the bank. If the action be considered as one for malicious prosecution of a legal proceeding plaintiff was obliged to prove malice. If it be for interference with the contract between plaintiff and his bank, plaintiff was bound to prove the existence of malice or gross negligence. Actual malice or ill will did not have to be established in order to justify a finding of malice or gross…