Huckestein v. New York Life Insurance

Citations

• 205 Pa. 27
• 54 A. 461
• 1903 Pa. LEXIS 505

Syllabus

<p>Malicious prosecution — False pretense — Probable cause.</p> <p>The question of probable cause is one of law for the court where the facts relied on to constitute it are admitted or established beyond controversy.</p> <p>In an action for malicious prosecution against a life insurance company, which had caused the arrest of plaintiff for obtaining money under false pretenses, an instruction that the prosecution was without probable cause is proper, where the evidence shows that if there was a false pretense, it was not made to the insurance company, with whom the plaintiff had no dealings whatever, but to a broker who bought a policy of plaintiff, and who afterwards sold or surrendered it to the company.</p>