Davids

Defendants appeal from a judgment for ten thousand dollars actual and five thousand dollars punitive damages in an action for malicious prosecution.

On August 11, 1915, E. M. Davids swore to a complaint charging M. A. Murphy (respondent herein) and M. W. Findley with felony embezzlement. After a preliminary examination both Murphy and Findley were discharged. It was charged in the criminal complaint that the defendants therein, on October 25, 1913, being intrusted with and having in their control four thousand dollars, as trustees and agents of the First National Bank of Los Angeles and Lycurgus Lindsay, feloniously embezzled, converted, and appropriated said .sum of money to their own use, and to uses and purposes not in the due and lawful execution of their, trust as such trustees and agents.

The complaint in the civil action set forth the circumstances of the charge against plaintiff and his arrest, examination, and discharge. It is alleged in this pleading that defendants maliciously and without probable cause instigated the criminal action; that all of the allegations therein were false; and that defendants were guilty of oppression and fraud in bringing the criminal…