205 Pa. 27 | Pa. | 1903
Opinion by
This action was for a malicious prosecution. The plaintiff was arrested and tried for obtaining money from one of the defendants, the New York Life Insurance Company, by a false .pretense. The company authorized its agent, the other defendant, to cause his arrest. If there was a false pretense it was
The attempt by the defendants to show that the prosecution was commenced by the advice of counsel, gave rise under the testimony to the inquiries whether there had been a submission of the facts and circumstances to counsel, and a legal opinion sought and acted on in good faith; or whether the counsel who advised the prosecution was in fact the agent of the insurance company with power to act in procuring a release to save it from loss, and that the prosecution was instituted to accomplish this purpose. These questions were submitted to the jury with full and accurate instructions.
The judgment is affirmed.