Green

Respondent filed his action in the court below to recover damages against appellant and Sidney Cole, Roger E. Jones and Roswell C. Jones, for malicious prosecution. A judgment of nonsuit was entered in favor of all defendants except Margaret E. Stewart. The case against her was submitted to the jury, which returned a verdict in the sum of $350 for attorney’s fees expended by respondent in defending the criminal proceedings instituted against him, $3,750 for other actual damages and $500 exemplary damages. Upon motion for new trial the actual damages were reduced by the court in the sum of $1250, which reduction was accepted by respondent.

Both appellant and respondent were engaged in the business of buying and selling real estate in the city of San Diego. Sidney Cole, Roger E. Jones, Roswell C. Jones and H. E. Christian were buyers and subdividers of real property and up to on or about June 17, 1926, were copartners conducting their business under the fictitious name of the Seaboard Realty Company. In June, 1926, the copartners organized a corporation called the J. C. C. Company and operated under this corporate name from on or about the seventeenth day of June, 1926. The…