Geijsbeek v. Martin
Colorado Court of Appeals
Error to Denver District Court. Hon. John A. Perry, Judge.
1Opinion of the CourtMorgan, J.
*317Plaintiff Geijsbeek sued Martin to recover $1000 expenses incurred in defending a lawsuit brought against him by Gahan, alleging that Martin’s fraud and deceit caused Gahan to sue him. A general demurrer to his complaint was sustained, and judgment entered against him. He now asks a reversal, which is denied for the following reasons:
First, there are comparatively few instances where an action will lie for expenses incurred in defending a civil action. Such loss is, as a general rule, damnum absque injuria. See Weeks’work on that subject, Sec. 70. It is one of the sacrifices any citizen may…
2Cases cited6 opinions
- Closson v. StaplesSupreme Court of Vermont · 1869
- Denver & Rio Grande Railroad v. SipesSupreme Court of Colorado · 1899
- Clark v. WallaceSupreme Court of Colorado · 1911
- John Deere Plow Co. v. SpatzSupreme Court of Kansas · 1908
- Dendy v. RussellSupreme Court of Kansas · 1911
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