Stansell & Younger v. Cleveland

Citations

• 64 Tex. 660

Syllabus

<p>1. Malicious prosecution. — To sustain a suit for malicious prosecution plaintiff must prove malice and. want of probable cause. To sustain an averment of malice in a suit for malicious prosecution, the plaintiff must show that the charge against him was wilfully false. Malice may be proved from direct evidence, or it may be inferred from circumstances.</p> <p>2. Same.— Malice may be inferred by the jury from the want of probable cause. It is no inference of law, but can be repelled by facts and circumstances indicating a fair and legitimate purpose, and an honest pursuit of a claim believed to be just.</p> <p>3. Probable cause.— Probable cause may consist of such facts as lead to the inference that the party was actuated by a reasonable conviction of the justice of his suit, and it must appear that he became acquainted with those facts before bringing the suit. (See opinion for facts held likely to constitute probable cause.)</p> <p>4. Agent.— As a party is liable for the acts of his agent, so he is entitled to the benefit of his agent’s knowledge of facts justifying the bringing of suit.</p> <p>6. Evidence — Malice. — The mere fact that a creditor examined the records and was satisfied with the condition of a firm, and a short time afterwards attached its property, there being only one mortgage on the firm property when the records were examined, but several when the attachment was issued, does not prove malice.</p> <p>6. Charge — Malice. — It is erroneous in instructing the jury to limit the definition of malice to “ personal spite or ill-will of one person towards another.”</p> <p>7. Evidence.— The wrongful admission of cumulative evidence upon a matter already proven beyond all doubt is no ground for reversal.</p> <p>8. Attachment — Attorneys’ fees.— Anote provided that ten per cent, attorneys’ fees were to be paid if the note was collected by law. An attachment was sued out before the note was due, and the goods were replevied by defendant; the note was not