Stanford v. . Grocery Co.
Supreme Court of North Carolina
ActioN by W. A. Stanford against A. F. Messiclc Grocery Company, beard by Judge B. B. Peebles and a jury, at the February Term, 1906, of the Superior Court of Eoceing-HAM.
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ActioN by W. A. Stanford against A. F. Messiclc Grocery Company, beard by Judge B. B. Peebles and a jury, at the February Term, 1906, of the Superior Court of Eoceing-HAM. There was evidence tending to show that in November, 1900, the plaintiff became indebted to the defendant in about $97.29 for groceries sold and delivered to the plaintiff, and that such amount was still due and owing; that the transaction was conducted by E. E. Steele, who was at that time salesman for defendant company, and in the matter acted as its agent; that plaintiff having failed to pay, the defendant caused the…
1Opinion of the Court
Hoee, J.,
after stating the case: In this suit the plaintiff seeks to recover.on two causes of action, to-wit, malicious prosecution and malicious abuse of process. The former exists when legal process, civil or criminal, is used out of malice and without probable cause, but only its regular execution is contemplated. There is malicious abuse of process where a party under process legally and properly issued employs it wrongfully and unlawfully, and not for the purpose it is intended by law to effect. Wurmser v. Stone, 1 Kan. App., cited in 3 Ed. 1 Cooley on Torts, 356; Emery v. Ginnan, 24…
2Cases cited13 opinions
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Holmes v. Carolina Central RailroadSupreme Court of North Carolina · 1886
- Fishblate v. Fidelity Co.Supreme Court of North Carolina · 1906
- Emery v. GinnanAppellate Court of Illinois · 1887
- Merrell v. Dudley.Supreme Court of North Carolina · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Hinson v. DawsonSupreme Court of North Carolina · 1956
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Turner v. ThomasSupreme Court of North Carolina · 2016
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
62 more not listed; retrieve them via the Exa API.