Childs v. Bank of Missouri
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. Childs brought an action under the new code, alleging that the defendant had falsely accused, and caused him to bo accused of embezzlement, and upon this charge had unjustly and maliciously, and without probable cause, caused him to bo arrested and imprisoned ; that under color of a search warrant, the defendant had obtained possession of certain valuable papers and evidences of debt belonging to the plaintiff; that the defendant had…
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Error to St. Louis Court of Common Pleas. Childs brought an action under the new code, alleging that the defendant had falsely accused, and caused him to bo accused of embezzlement, and upon this charge had unjustly and maliciously, and without probable cause, caused him to bo arrested and imprisoned ; that under color of a search warrant, the defendant had obtained possession of certain valuable papers and evidences of debt belonging to the plaintiff; that the defendant had caused the dwelling house of plaintiff to be beset by armed men by day and by night, thus restraining the plaintiff and…
1Opinion of the CourtRylakd, Judge
1. The difficulty under which we haye labored in this case, was to classify the action. It is brought under the new code. If it were an action of slander, we should at once say that it could not be maintained. The bank is a corporation — it cannot utter words — it has no tongue — no hands to commit an assault and battery with-r-no mind, heart or soul to be put into motion by malice ; therefore, if it was an action for an assault and battery, or for a malicious prosecution, or for slander, we should at once say, that such could not be maintained. Yet the doctrine is well settled that…
2Cases cited3 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Danforth v. President of the Schoharie & Duanesburgh Turnpike RoadNew York Supreme Court · 1815
- Dunn v. Rector, Wardens, & Vestrymen of St. Andrews ChurchNew York Supreme Court · 1817
3Cited by8 opinions
- Mooney v. KennettSupreme Court of Missouri · 1854
- Hypes v. Southern RailwaySupreme Court of South Carolina · 1909
- Rivers v. Yazoo & Mississippi RailroadMississippi Supreme Court · 1907
- Boogher v. Life Ass'n of AmericaSupreme Court of Missouri · 1882
- Johnson v. St. Louis Dispatch Co.Missouri Court of Appeals · 1876
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