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COHEN v. FERGUSON

336 S.W.2d 949 (1959)

J.B. COHEN, Defendant-Plaintiff in Error, v. Howard Lee FERGUSON, By Next Friend, W.H. Ferguson, Plaintiff-Defendant in Error.

Court of Appeals of Tennessee, Middle Section.

Certiorari Denied May 4, 1960.

Attorney(s) appearing for the Case

R.B. Parker, Jr., Sam L. Felts, Jr., Nashville, for plaintiff in error.

A.B. Neil, Jr., James C. Summers, Nashville, for defendant in error.

Certiorari Denied by Supreme Court May 4, 1960.

HICKERSON, Judge.

Howard Lee Ferguson brought this suit for malicious prosecution against J.B. Cohen. The defenses were:

1. Defendant did not prosecute nor instigate the prosecution of plaintiff.

2. Defendant had probable cause for believing that plaintiff was guilty of the criminal offense for which he was indicted and prosecuted.

3. Defendant's actions in regard to plaintiff were not...

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