56 Kan. 794 | Kan. | 1896
The opinion of the court was delivered by
Defendant in error brought suit against plaintiff in error and one Fred I. Boies, alleging that the defendants maliciously, and without probable cause, caused him to be arrested and confined in the jail of Edwards county under a warrant duly issued by a justice of the peace; that the prosecution was dismissed; that he had been subjected to loss of health, mental anguish, and greatly injured in his business and reputation, and asked judgment for $5,-000 damages.
Although it is argued that the petition states a cause of action for false imprisonment, it is very clear that it does not, but does state one for malicious prosecution. The jury awarded the plaintiff $2,500 damages— $200 for damages to business, and $2,300 for damage to reputation — against the defendant Spencer only. Damages to reputation were properly allowed, and we cannot say that the amount is excessive. The charge on which the plaintiff was arrested was that .he had given a chattel mortgage to the Edwards
The judgment is affirmed.