{
  "id": 5194598,
  "name": "Max Scheldrup v. John V. Farwell Co. et al.",
  "name_abbreviation": "Scheldrup v. John V. Farwell Co.",
  "decision_date": "1896-12-28",
  "docket_number": "",
  "first_page": "630",
  "last_page": "631",
  "citations": [
    {
      "type": "official",
      "cite": "67 Ill. App. 630"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 150,
    "char_count": 1954,
    "ocr_confidence": 0.496,
    "pagerank": {
      "raw": 6.087085966315723e-08,
      "percentile": 0.37761081823689335
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    "sha256": "dc024e1620365589e655b8e61123b11725f2fb12aebbe6ce289d62654323417d",
    "simhash": "1:02b297d115c71409",
    "word_count": 313
  },
  "last_updated": "2023-07-14T17:00:34.097112+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Max Scheldrup v. John V. Farwell Co. et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Waterman\ndelivered the opinion or the Court.\nIn an action for malicious prosecution, it is necessary that the plaintiff should prove that the defendant, in the institution of the prosecution complained\u2019 of, acted maliciously and without probable cause.\nThere was upon the trial below no evidence of a want of probable cause. The jury were therefore properly instructed to find the defendant not guilty.\nThe judgment of the Superior Court is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Waterman"
      }
    ],
    "attorneys": [
      "W. R. Chamberlain and Wing, Chadbourne & Leach, attorneys for appellant.",
      "Tenney, McConnell & Coffeen, attorneys for appellees."
    ],
    "corrections": "",
    "head_matter": "Max Scheldrup v. John V. Farwell Co. et al.\n1. Malicious Prosecution\u2014What Necessary to Recovery for.\u2014 In an action for malicious prosecution it is necessary for the plaintiff to prove, that the defendant, in the institution of the prosecution complained of, acted maliciously and without probable cause.\nTrespass on the Case, for malicious prosecution. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding.\nHeard in this court at the October term, 1896.\nAffirmed.\nOpinion filed December 28, 1896.\nStatement of the Case.\nMax Scheldrup, the appellant, was, on the 15th day of January, 1894, arrested on the complaint and affidavit' of William D. Mcllvaine, the process being served and the appellant taken into custody by a constable with a warrant issued by David J. Lyon, justice of the peace, in and for Cook county, Illinois.\nWilliam B. Mcllvaine was the credit man for John Y. Far well Company. The appellant was charged with having obtained goods under false pretenses from John Y. Far well Company. The justice discharged Scheldrup and this suit was brought against John Y. Farwell Company and William D. Mcllvaine for malicious prosecution and false imprisonment.\nAfter the plaintiff\u2019s testimony was in, in the trial in the Superior Court, the judge directed the jury to bring in a verdict finding the defendant not guilty.\nW. R. Chamberlain and Wing, Chadbourne & Leach, attorneys for appellant.\nTenney, McConnell & Coffeen, attorneys for appellees."
  },
  "file_name": "0630-01",
  "first_page_order": 628,
  "last_page_order": 629
}