The Penwag Property Co., Inc., a Corporation of the State of New York, and the Penwag Property Co., Inc., a…

Summary

The Supreme Court of New Jersey affirmed the appellate division, holding that a plaintiff cannot maintain an action for malicious prosecution (malicious use of civil process) unless a special grievance—interference with liberty or property—is shown, and the suit must have terminated favorably. The Court also required proof of lack of probable cause and malice. A concurring opinion agreed with the holding but urged broader discretion to award attorney's fees in vexatious cases.