Kuhns v. Ward-Mackey Co.

Citations

• 55 Pa. Super. 164
• 1913 Pa. Super. LEXIS 334

Syllabus

<p>Malicious prosecution — Probable cause — Embezzlement—Evidence.</p> <p>In an action to recover damages for an alleged malicious prosecution for embezzlement in which plaintiff was acquitted, the defendant shows the- existence of probable cause by proof that on two occasions the plaintiff was short in his accounts as a collector, that this shortage was shown by his own daily reports, that he made good the first shortage, and when charged with the second did not explain it, and stated to the magistrate after his arrest that he might as well plead guilty, although such statement was not within the knowledge of the prosecutor at the time the information was actually sworn to.</p>