Kirk v. Wiener-Loeb Laundry Co.

Citations

• 120 La. 820
• 45 So. 738
• 1908 La. LEXIS 578

Syllabus

<p>1. Malicious Prosecution — Malice—Probable Cause.</p> <p>There was a shortage in plaintiff’s account. Reason for the shortage was not believed by defendant who submitted the case to the district attorney, and, on his advice, the affidavit was made.</p> <p>2. Same — “Probable Cause” — Good Faith.</p> <p>Probable cause is that which leads the average man to believe that the accused, charged with embezzlement, purposely withheld the truth. Warrants him in the belief of the guilt of the accused in the offense charged. Mosley v. Year-wood, 48 Ann. 334, 19 South. 274; Sandoz v. Yeazie, 106 La. 202, 30 South. 767.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Malicious Prosecution, §§ 18-28.</p> <p>For other definitions, see Words and Phrases, vol. 6, pp. 5618-5627; vol. 8, p. 7765.]</p> <p>3. Same — Alleged Impeaching Statement.</p> <p>There was conflict in the testimony as to what was said by one of defendant' owners some time after he failed to sustain his case on preliminary trial.</p> <p>4. Same— Contradicting Statement.</p> <p>This conflict in the testimony does not prove the bad faith charged, nor the malice or want of probable cause alleged.</p> <p>Monroe and Provosty, JJ., dissenting.</p> <p>[Syllabus by the Court.)</p>