Peake v. Milaca State Bank

• Decision Date: 07 February 1913
• Citation: 139 N.W. 813,120 Minn. 455
• Parties: PEAKE v. MILACA STATE BANK et al.
• Court: Minnesota Supreme Court

120 Minn. 455

139 N.W. 813

PEAKE

v.MILACA STATE BANK et al.

Supreme Court of Minnesota.

Feb. 7, 1913.

Appeal from District Court, Mille Lacs County; M. D. Taylor, Judge.

Action by Giles C. Peake against the Milaca State Bank and others. Verdict for plaintiff, and certain defendants appeal. Affirmed.

Syllabus by the Court

The evidence examined, and held, that defendants were not entitled to a directed verdict, on the ground that it fails to show that they were the cause of plaintiff's arrest and imprisonment, nor on the ground of failure to show that the prosecution was malicious and without probable cause.

The evidence conclusively shows that the prosecution was abandoned and terminated before this action was begun.

The court was warranted in submitting to the jury whether or not defendants had fully and fairly stated all the facts to counsel and followed his advice in the bringing of the criminal prosecution, so as to constitute a good defense herein. McDonald, Bernhagen & Patterson, of Minneapolis, for appellants.

Chas. L. Lewis and J. H. Whitely, both of Duluth, and E. L. McMillan, of Princeton, for respondent.

HOLT, J.

Action for false imprisonment and malicious prosecution, wherein plaintiff had a verdict, and defendants appeal.

It appears from the record that plaintiff and one Wm. C. Hopkins were partners in the produce and commission business under the name of the Minnesota Produce Company, having one place of business in Duluth, in charge of plaintiff, and another at Milaca, in charge of Hopkins. The defendant West was the cashier of the defendant bank, located at Milaca. The firm did business with defendant bank, and on January 18, 1912, had overdrawn their account to the extent of about $150. To cover this overdraft Hopkins drew a sight draft on the Minnesota Produce Company at Duluth, payable to defendant bank, for $150. This the bank placed to the credit of the firm and sent to Duluth for collection. It was dishonored. Thereupon the defendant West, in behalf of the bank, consulted an attorney, with the result that criminal complaints were drawn, attempting to charge plaintiff and his partner with a violation of section 5080, R. L. 1905. The complaints were sworn to by West before a justice of the peace at Milaca, who issued warrants therein returnable before a justice of the peace at Princeton. When this was done, West communicated with Chas. D. Brown, agent of the Minnesota Bankers' Association, stating that the warrants had been issued and would be delivered to the sheriff for service. Brown then telephoned the chief of police of Duluth to arrest plaintiff, which was done. Some arrangement had been made between West and the sheriff of Mille Lacs county, under which the latter was to go to Duluth, take plaintiff into custody under the warrant, and bring him before the justice at Princeton. When the sheriff arrived at Duluth, he did not serve the warrant or take plaintiff into custody, whereupon the chief of police let him go. Plaintiff was in jail two days. In the meantime he had procured counsel, who rendered services seeking his release, which services were reasonably worth $200. The verdict was for $201.

The contention of defendants is that the verdict is not sustained, because (a) the evidence fails to connect defendants with the arrest and detention of plaintiff by the chief of police at Duluth; (b) the proceeding under which it is alleged that plaintiff was prosecuted maliciously and...