Shong v. Stinchfield

Grace, J.

(specially concurring). We are of the opinion, that the evidence clearly establishes want of probable cause.

In the case of Rhoads v. First Nat. Rank, 37 N. D. 421, 163 N. W. 1051, it was held that malice may be inferred where want of probable cause is proved.

We agree, as, in substance, is stated in the main opinion, that the verdict is not excessive, and that the record does not disclose the influence of passion, partiality, or prejudice.