Wills v. Noyes
Massachusetts Supreme Judicial Court
This was an action on the case for maliciously attaching and detaining on a writ of replevin, dated June 26, 1828, the schooner Caroline. The present action was to be determined upon the same principles as if it had been brought against Thomas Bradford, junior, and John C. Decosta, of Philadelphia, who were the plaintiffs in the replevin suit.
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This was an action on the case for maliciously attaching and detaining on a writ of replevin, dated June 26, 1828, the schooner Caroline. The present action was to be determined upon the same principles as if it had been brought against Thomas Bradford, junior, and John C. Decosta, of Philadelphia, who were the plaintiffs in the replevin suit. At the trial before Morton J. it appeared, that C. and C. W. Pierce, of Philadelphia, failed in business on May 2, 1828, and on that day assigned their property for the benefit of their creditors, to Bradford and Decosta. It was alleged by the…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. In order 1 • • • to maintain this action for a malicious prosecution, it is very-clear that the plaintiff must aver and prove, that the suit complained of was commenced and prosecuted without reasonable or probable cause, and that it was malicious. The ground lessness of the suit may in many instances be so obvious and palpable, that the existence of malice may be inferred from it.
The question of probable cause, applies to the nature of the suit, and the defendants’ knowledge and belief; and the point of inquiry is, whether they had probable cause…
2Cases cited1 opinion
- United States v. RugglesU.S. Circuit Court for the District of Rhode Island · 1828
3Cited by9 opinions
- Nagy v. McBurneySupreme Court of Rhode Island · 1978
- Limone v. United StatesDistrict Court, D. Massachusetts · 2007
- Gouin v. GouinDistrict Court, D. Massachusetts · 2003
- Nyer v. CarterSupreme Judicial Court of Maine · 1977
- Downing v. StoneSupreme Court of North Carolina · 1910
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