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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ladeas v. Carter, 845 S.W.2d 45 (1992)

Citation
Ladeas v. Carter, 845 S.W.2d 45 (1992)
Parent Document
Ladeas v. Carter, 845 S.W.2d 45 (1992)
Jurisdiction
Missouri (state)
Effective Date
1992-12-15

Other Sections in This Document (82)

Full Text

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A plaintiff is obligated to plead and prove six elements to recover on a malicious prosecution cause of action. They are as follows: the commencement of a prosecution against plaintiff; instigation by the defendant; the termination of the proceeding in favor of the plaintiff; the want of probable cause for the prosecution; the defendant’s conduct was actuated by malice; and the plaintiff was damaged. Burnett v. Griffith, 769 S.W.2d 780, 784 n. 2 (Mo. banc 1989). See also Sanders v. Daniel Int’l Corp., 682 S.W.2d 803, 807 (Mo. banc 1984). We note at the outset defendants’ strong argument found in Sanders