Moreau v. Picard, 7179.
| Citation | 169 A. 920 |
| Decision Date | 12 January 1934 |
| Docket Number | No. 7179.,7179. |
| Parties | MOREAU v. PICARD. |
| Court | United States State Supreme Court of Rhode Island |
Exceptions from Superior Court, Providence and Bristol Counties; G. Frederick Frost, Judge.
Action by Joseph Moreau against Leo Picard. Verdict for plaintiff, and defendant brings exceptions.
Exceptions overruled and case remitted for entry of judgment.
Eugene L. Jalbert, of Providence, and Berthelot A. Leclaire, of Woonsocket, for plaintiff.
John R. Higgins and Sidney Silverstein, both of Woonsocket, for defendant
This is an action of the case for malicious prosecution which was tried by a jury and resulted in a verdict for the plaintiff for $448. The case is here on defendant's bill of exceptions. The only exception briefed and argued was to the refusal of the trial justice to direct a verdict for the defendant. The other exceptions are consequently considered to be waived.
In 1929 plaintiff bought an automobile from the defendant by a conditional sales agreement whereby defendant was entitled to repossess the property for plaintiff's failure to make any of the required payments. In 1930 plaintiff was in default on several payments and as the result of a conference between defendant and plaintiff, the latter gave defendant as additional security a diamond ring. In the summer of 1930, while plaintiff was still in default in his payments, defendant went to Westport, Mass., where plaintiff in the summertime conducted a restaurant. Plaintiff offered to surrender the car if defendant would return his diamond ring. This offer was refused and defendant sought to have plaintiff arrested. The police refused to take any action unless defendant brought an action of replevin. This the defendant refused to do. A few days later defendant at his home in Woonsocket, after advising with his counsel, procured the issuance of a criminal complaint against the plaintiff based on chapter 803 of the Public Laws of 1926, which provides a penalty for concealment with intent to defraud of personal property received upon a written and conditional contract of sale. Plaintiff was arrested in Westport on this warrant and was brought to Woonsocket and confined in the police station overnight until he secured bail. After three continuances in the district court, on October 24, 1930, when the complaint was about to be tried, the complainant chief of police of Woonsocket moved to continue the case. This motion was denied and the motion of respondent the plaintiff herein, to dismiss the complaint for want of prosecution was granted. Defendant a few days before this time had repossessed the car which he found on the street in Woonsocket where plaintiff had temporarily left it. Defendant then notified the police that he had no further interest in the criminal prosecut...
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Toste Farm Corp. v. Hadbury, Inc.
...or settlement is not deemed favorable." Nagy v. McBurney, 120 R.I. 925, 931, 392 A.2d 365, 368 (1978) (citing Moreau v. Picard, 54 R.I. 93, 95, 169 A. 920, 921 (1934)); see also Salvadore v. Major Electric & Supply, Inc., 469 A.2d 353, 357 Furthermore, with respect to both claims, the third......
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Nagy v. McBurney
...as in a majority of other courts is that a termination based on a compromise or settlement is not deemed favorable. Moreau v. Picard, 54 R.I. 93, 95, 169 A. 920, 921 (1934); Prosser, Supra at Whether the trial justice erred in directing verdicts for McBurney on the five malicious prosecutio......
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CNC Chemical Corp. v. Pennwalt Corp.
...as if it had never been brought. See Cabrera v. Municipality of Bayamon, 622 F.2d 4, 6 (1st Cir.1980). CNC relies on Moreau v. Picard, 54 R.I. 93, 169 A. 920 (1934), where it was stated that the dismissal of a criminal prosecution "either voluntarily or by reason of a failure to prosecute, ......