Lœwenthal v. Streng

Citations

• 90 Ill. 74

Syllabus

<p>1. Malicious prosecution—advice as to probable cause. Where a party, before commencing a criminal prosecution for larceny, consults and takes tile advice of highly reputable and able lawyers, upon a fair and truthful statement of the facts to them, and acts on their advice, he will not be liable in a suit for malicious prosecution.</p> <p>2. Damages—when excessive. Where a party bids oif the personal property of his debtor at a sale on execution, and takes actual possession thereof, and puts it into the hands of an agent to be sold, under an arrangement with the debtor, that after the debt and costs are realized from the proceeds of the sale, the debtor shall have the balance, and the debtor, before the debt is so paid, breaks into the place where the goods are kept, and removes and disposes of them, and is thereupon arrested for larceny, on the complaint of the creditor, who acts upon the advice of counsel, and the debtor is confined only a few hours, until he gives bail, $10,000 damages in a verdict in a suit by the debtor for malicious prosecution is so grossly excessive, as to evince prejudice, passion or misconception on the part of the jury, and a remittitur of $4000 will not cure the error, the remainder being also grossly excessive.</p> <p>3. New trial—excessive damages. Where the damages found by a jury are so grossly excessive as to be accounted for only on the ground of prejudice, passion or misconception, a remittitur of four-tenths of the amount will not obviate the error, as the prejudice or misconception of the jury probably influenced the finding on the issues of fact.</p>