Weaver v. Page

Citations

• 6 Cal. 681

Syllabus

<p>Where the second of a set of bills of exchange was presented and protested owing to the absence of the drawee, and the first of exchange arrived nine days after, and was paid together with costs of protest of the second, and two months after, suit was commenced on the protested bill; Held, that in an action for malicious prosecution of said suit, the question whether the plaintiffs in the suit on said bill knew that the bill was in fact paid at the time when they commenced suit, was a question for the jury.</p> <p>The fact that the bill by the usual conveyance reached its destination within a month from its date, was sufficient to raise a presumption that defendants had received' notice of payment in double that time.</p> <p>And where the suit on the bill had been accompanied by an attachment, under which the property of the drawer had been held for four months, when it was released by giving bond; Held, that in an action by the drawer for the malicious prosecution of said suit, where the jury gave $15,000 damages, and where no misconduct was shown , >on the part of the jury, and it was not charged that the verdict was given under the influence of passion or prejudice, the Court could not disturb the verdict, unless it clearly appear that injustice has been done.</p> <p>In such cases there is no fixed rule as to the amount of damages; the jury are not confined to the actual pecuniary loss, but may take into consideration the character and position of the parties, and all the circumstances of the case.</p>