BAILEY v. CENTURY FINANCE COMPANY

43651.

118 Ga. App. 90 (1968)

162 S.E.2d 835

BAILEY v. CENTURY FINANCE COMPANY et al.

Court of Appeals of Georgia.

Decided June 10, 1968.

Rehearing Denied June 26, 1968.


Attorney(s) appearing for the Case

Burch & Boswell, John S. Boswell, Sr., for appellant.

Franklin, Barham, Coleman, Elliott & Blackburn, Wilby C. Coleman, for appellees.


DEEN, Judge.

"To establish malice sufficient to authorize a recovery in cases of this kind, it is not necessary to prove the existence of personal hatred, ill-will, or motives of revenge on the part of the prosecutor toward the accused . . . Indeed, want of probable cause lies at the foundation of the action. Malice sufficient to sustain a recovery may be inferred from want of probable cause, but the want of such cause may never be inferred from malice . . . It is...

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