TORTS - MALICIOUS PROSECUTION - TERMINATION OF PREVIOUS PROCEEDING IN FAVOR OF PLAINTIFF

Authors

Abstract

Plaintiff gave a note with power of attorney to confess judgment, to X who assigned to defendant. Plaintiff paid the note before maturity. On maturity, defendant got a judgment by confession and levied on plaintiff's property. Thereupon plaintiff asked the court to set aside the judgment, and a hearing was granted for the purpose, but the evidence showed that instead of proceeding to a hearing the parties agreed that defendant should mark the judgment satisfied. This was done. Plaintiff later sued for malicious prosecution. Held, that since the prior suit did not terminate in his favor plaintiff could not recover. Scheide v. Home Credit Company, (Pa. 1932) 162 Atl.

Recommended Citation

TORTS - MALICIOUS PROSECUTION - TERMINATION OF PREVIOUS PROCEEDING IN FAVOR OF PLAINTIFF, 31 Mich. L. Rev. 440 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss3/24