Cooper v. William R. Hart & Co.

Citations

• 147 Pa. 594
• 23 A. 833
• 1892 Pa. LEXIS 895

Syllabus

<p>Malicious prosecution — Malice—Want of probable cause.</p> <p>To support an action for malicious prosecution, it must be shown that there was-want of probable cause, and also that the defendant was actuated by malice. Both of these ingredients are essential.</p> <p>Warrant of arrest — Act of July 12, 1842 — Probable cause.</p> <p>In an action for malicious prosecution founded upon a warrant of arrest under the act of July 12, 1842, where it appears that the judge, who had jurisdiction of the complaint, and who heard it upon its merits, was of opinion that the charge was made out, and upon that opinion awarded the writ for the arrest of the plaintiff, the defendant’s averment of probable cause is sustained.</p> <p>Where goods were sold upon a cash-order shipment which required the price to be paid before the goods were taken into possession by the purchaser, and the goods were delivered by the carrier to the purchaser, through a mistake, and before the draft drawn for the price had been paid, and the purchaser subsequently refused to pay the draft, there was probable cause for the institution of proceedings by warrant of arrest.</p>