Anderson v. Friend

Citations

• 71 Ill. 475

Syllabus

<p>1. Malicious prosecution — good faith on the part of the prosecutor. In au action for malicious prosecution, good faith on the part of the prosecutor is always an important, if not a vital element of inquiry, and is always a sufficient justification, except where an unreasonable credulily is manifested, inducing the prosecutor to draw conclusions of guilt, where it would have been wanting in the perception of a person of ordinary prudence and judgment.</p> <p>8. Same—any fact going to disprove either malice or want of probable cause is admissible in evidence. The ground of the action for a malicious prosecution is, malice and the want of probable cause, and any fact going to disprove either is admissible; and honest belief on the part of the prosecutor, of the guilt of the accused, founded on circumstances tending-to show that he has committed a criminal offense, negatives the idea of the want of probable cause for the prosecution.</p> <p>3. It is competent for a defendant, in an action for malicious prosecution, to show that information had been communicated to him by others, and wliat that information was, relative to the conduct of the plaintiff in connection with the crime for which he was prosecuted, upon which information the defendant, in part, acted in instituting the prosecution complained of.</p> <p>4. Same—when prosecution instituted, by advice of counsel. Where a party communicates to counsel all the facts bearing upon the guilt of the accused, of which he has knowledge, or could have ascertained by reasonable diligence, and in good faith acts upon the advice of such counsel in prosecuting the party accused, he can not be held responsible in an action for malicious prosecution.</p> <p>5. It is, of course, a question of fact, in such cases, whether the party has fairly communicated to his counsel the facts within his knowledge, and used reasonable diligence to ascertain the truth, as also whether he acted in good faith upon advice received from counsel