Foster v. Pitts
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Jephtha H. E)vans, Judge. 1. When an attachment is sued out under an honest and reasonable belief that plaintiffs are entitled to it, then they act without malice, and are not liable. 98 U. S. 195, 196; 111 Mass. 497, 498. One who acts honestly is not guilty of malice, though he may not act reasonably. Webb’s Pollock on Torts (Enl. Am.
Read the full summary
Appeal from Crawford Circuit Court. Jephtha H. E)vans, Judge. 1. When an attachment is sued out under an honest and reasonable belief that plaintiffs are entitled to it, then they act without malice, and are not liable. 98 U. S. 195, 196; 111 Mass. 497, 498. One who acts honestly is not guilty of malice, though he may not act reasonably. Webb’s Pollock on Torts (Enl. Am. Ed.), p. 392. This is not in conflict with the principle that malice may be presumed from want of probable cause. The presumption is hot one of- law, but of fact merely. Cooley, Torts, p. 185 and n. 3; 98 U. S. 187. Legal…
1Opinion of the CourtWood, J.
This is a suit for malicious attachment. The complaint alleges in substance, that the firm of Pitts & • Zeiler, merchants, owed the firm of J. Poster & Company the sum of $613.85, and that J. Poster & Company and Ed. Mathes, their attorney, maliciously and without probable cause had suit brought, and an attachment sued out and levied, upon the property of Pitts & Zeiler, which was dismissed, and terminated in their favor. They allege and pray for damages in the sum of $5,000 as follows: $1,000 for loss of business, $3,000 for injury to credit, $200 for expense of defending the suit, and $800…
2Cases cited14 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Railway Co. v. HackettSupreme Court of Arkansas · 1894
- Mitchell v. WallMassachusetts Supreme Judicial Court · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cordes v. Outdoor Living Center, Inc.Supreme Court of Arkansas · 1989
- Sundeen v. KrogerSupreme Court of Arkansas · 2003
- Farm Service Cooperative, Inc. v. Goshen Farms, Inc.Supreme Court of Arkansas · 1979
- Peterson v. Worthen Bank & Trust Co., NASupreme Court of Arkansas · 1988
- Malvern Brick & Tile Co. v. HillSupreme Court of Arkansas · 1961
18 more not listed; retrieve them via the Exa API.