Ellis v. Wellons
North Carolina Supreme Court
224 N.C. 269, 29 S.E.2d 884 (1944)
- Written by Sarah Hoffman, JD
Facts
Thurman Ellis (defendant) claimed that Elmer Wellons (plaintiff) owed Ellis money. Wellons maintained that he did not owe money to Ellis. Ellis obtained an arrest warrant against Wellons on the grounds that Wellons had sold crops with an agricultural lien on them without paying off the lien. Wellons was arrested and prosecuted. On several occasions, Ellis told Wellons that Ellis would have the charges dropped if Wellons paid the money that Ellis claimed he was owed. Later, Wellons filed suit against Ellis for malicious prosecution and abuse of process. At trial, the jury found probable cause for the arrest and therefore found in favor of Ellis for the malicious-prosecution claim; however, the jury found in favor of Wellons regarding the abuse-of-process claim. Ellis appealed, arguing that because the jury found that probable cause did exist for Wellons’s arrest, Wellons should not have been able to succeed in his claim for abuse of process. Ellis further argued that the court should have instructed the jury not to consider any evidence applicable to the malicious-prosecution claim when considering the issues related to the abuse-of-process claim.
Rule of Law
Issue
Holding and Reasoning (Schenck, J.)
Dissent (Stacy, C.J.)
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