Saunders v. First National Bank

Citations

• 85 Wash. 125
• 147 P. 894
• 1915 Wash. LEXIS 1260

Syllabus

<p>Malicious Prosecution — Malice—Burden of Proof. In an action for damages for malicious prosecution, proof of the discharge of plaintiff by the committing magistrate, is only prima facie evidence of want of probable cause, and does not shift the burden of proof as to malice; hence, where the plaintiff fails to establish malice, the defendant is entitled to a directed verdict in his favor.</p> <p>Malicious Prosecution — Malice—Evidence—Sufficiency. Malice in causing the arrest for grand larceny of one who persisted in attempting to remove mortgaged chattels from the state, after notice by the mortgagee to desist, is not sufficiently shown, in an action for malicious prosecution, by the presumption of want of probable cause from the dismissal of the suit, where the plaintiff testified there was no ill-feeling at the time the notice was given, and the only other evidence of malice was a letter of subsequent date showing some feeling against attorneys for the plaintiff.</p>