Montgomery Ward & Co. v. Pherson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a defendant in a suit based on malicious prosecution “may have probable cause for the filing of the charges even though subsequent events may prove such charges to be erroneous”
• recognizing that malice can be inferred from a lack of probable cause
• recognizing police duty to use reasonable care in responding to life threatening calls
• for purposes of malicious prosecution claims, “[mjalice is any motive other than a desire to bring an offender to justice,” and “may be inferred from the want of probable cause” for bringing prior action
• “Probable cause is a 14 reasonable ground for belief in the guilt of the party charged.”
• “The existence of probable cause is alone sufficient to relieve a defendant of a charge of malicious prosecution.”

Source: CourtListener parenthetical corpus (CC0).