Smith v. Liverpool & London & Globe Ins. Co.

Citations

• 107 Cal. 432
• 40 P. 540
• 1895 Cal. LEXIS 771

Syllabus

<p>Malicious Prosecution—Malice—Probable Cause.—In actions for malicious prosecution the plaintiff must, in order to recover, establish not only malice but want of probable cause.</p> <p>Id.—What is Probable Cause.—Probable cause is a suspicion founded upon circumstances sufficiently strong to warrant a reasonable man in the belief that the charge is true. Whether the alleged circumstances existed or not is simply a question of fact; but, conceding their existence, whether or not they constituted probable cause is a question of law. In the present case, after a review of the evidence, the court is of the opinion that the circumstances disclosed a case of probable cause.</p> <p>Id.—-Declarations of Asent.—Before the declarations of an agent are admissible to bind his principal the fact of the agency must be established. Evidence of the declarations of the person claimed to be such agent are inadmissible to establish the agency.</p>