Squires v. Job

Citations

• 50 Pa. Super. 289
• 1912 Pa. Super. LEXIS 44

Syllabus

<p>Malicious prosecution — Debtor and creditor — Probable cause — Malice.</p> <p>1. In an action for malicious prosecution, a verdict and judgment for the plaintiff will be sustained where a constable testifies that he was instructed by the defendant to arrest the plaintiff on a warrant charging the latter with obtaining goods by false representations, but that if the plaintiff paid the amount of the debt which defendant claimed the constable was “to let it go at that.”</p> <p>2. Where one commences a criminal prosecution for the purpose of compelling his debtor to pay a just debt, it is prima facie evidence of want of probable cause and malice, and shifts the burden of showing it was not so on to the defendant.</p> <p>Practice, C. P — Judgment n. o. ¶. — Appeals—Review—Act of April 22, 1905, P. L. 286.</p> <p>3. In determining as to the correctness of a judgment n. o. v. under the Act of April 22, 1905, P. L. 286, the test is whether binding directions for the defendant would have been proper at the conclusion of the trial. In applying the test the plaintiff must be given the benefit of every fact and inference of fact pertinent to the issue, which the jury could legitimately find from the evidence before them.</p>