Frame v. Sewing-Machine Co.

U.S. Circuit Court

Frame v. Sewing-Machine Co.

31 F. 704, 1887 U.S. App. LEXIS 2679

United States Circuit Court·Decided June 28, 1887·Published

Opinion

Butler, J.

The motion must be denied. On fuller examination, I am entirely satisfied the plaintiff has not presented a case which entitles him to recover. The burden is on him to prove malice,,and also want of [705] probable canse. In my judgment, he has not produced 'any reliable evidence of either. I have looked carefully through the case, and the impression made at the trial has deepened into conviction. I need not repeat what I then suggested in explanation of my views.

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Butler, J.

The motion must be denied. On fuller examination, I am entirely satisfied the plaintiff has not presented a case which entitles him to recover. The burden is on him to prove malice,,and also want of [705] probable canse. In my judgment, he has not produced 'any reliable evidence of either. I have looked carefully through the case, and the impression made at the trial has deepened into conviction. I need not repeat what I then suggested in explanation of my views.

Frame v. Sewing-Machine Co., 31 F. 704, 1887 U.S. App. LEXIS 2679 (uscirct 1887).

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