M. L. Byrne & Co. v. L. H. Gardner & Co.
Supreme Court of Louisiana
APPEAL from the Fourth District Court, parish of Orleans. Houston, J. "When defendants attached the property of plaintiffs, on a just claim, and the attachment was set aside, and the seizure is shown to have been merely nominal, and no damages are proved to have been suffered by defendants, and plaintiffs acted without malice and with probable cause, no damages can be recovered.
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APPEAL from the Fourth District Court, parish of Orleans. Houston, J. "When defendants attached the property of plaintiffs, on a just claim, and the attachment was set aside, and the seizure is shown to have been merely nominal, and no damages are proved to have been suffered by defendants, and plaintiffs acted without malice and with probable cause, no damages can be recovered. In no event can vindictive or exemplary damages be recovered, when defendants acted without malice and with probable cause. The measure of damages in such a case is the amount of the actual loss proved to have been…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
On the 9th of January, 1872, the defendants instituted suit against the plaintiffs, accompanied by an attachment, taken out on the ground that the debtors were about to dispose of their property with intent to defraud their creditors, as provided by statute of 1868, amendatory of the articles of the Code of Practice on the subject of attachment.
Judgment was rendered in favor of the defendants for the debt sued on, but the attachment was dissolved as having illegally issued.
Thereupon the defendants in that case and plaintiffs in this, brought…
2Cited by29 opinions
- Fontenot v. Magnolia Petroleum Co.Supreme Court of Louisiana · 1955
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- McGee v. Yazoo M. v. R. Co.Supreme Court of Louisiana · 1944
- Billiot v. BP Oil Co.Supreme Court of Louisiana · 1994
- Vincent v. Morgan's Louisiana & T. R. & S. S. Co.Supreme Court of Louisiana · 1917
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