New York Court of Appeals
Jerome B. Wass, Respondent v. Benjamin F. Stephens, Appellant
June 23, 1891128 N.Y. 123
Summary
The Court affirmed the judgment for the plaintiff in a malicious prosecution action, holding that the defendant lacked probable cause and acted with malice. It also interpreted the term “wilfully” in Penal Code §639 to require a wrongful purpose or wantonness, not merely an intentional act.