Wilson v. Hale
Massachusetts Supreme Judicial Court
Tort for maliciously causing the arrest of the plaintiff in the State of Maine in an action of trover alleged to be groundless.
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Tort for maliciously causing the arrest of the plaintiff in the State of Maine in an action of trover alleged to be groundless. Writ dated June 17, 1899. At the trial in the Superior Court, before Richardson, J., it appeared that the plaintiff and the defendant were lawyers, residing and having their offices in Boston; that in October, 1893, the plaintiff, and one George H. Johnson, a wholesale jeweller, also a resident of Boston, were appointed assignees in insolvency of the estate of one Anthoine, a retail jeweller, witli assets in Massachusetts and Maine; that the defendant was Anthoine’s…
1Opinion of the CourtLoring, J.
This suit was prematurely brought.
The plaintiff is right in his contention that the declaration sets forth what would have been an abuse of process had the action in which he was arrested been founded on a just claim. But he is wrong in his contention that for that reason it was not necessary to dispose of that action before bringing the one in question. He alleged and proved that the action in Maine was a groundless one, and the ordinary rule as to malicious prosecution applies, namely, that he cannot bring an action to try the issue which is raised by the former action while that issue is…
2Cited by3 opinions
- Gabriel v. BorowyMassachusetts Supreme Judicial Court · 1949
- White v. Apsley Rubber Co.Massachusetts Supreme Judicial Court · 1902
- Calvin v. MartinOhio Court of Appeals · 1952