McLellan v. Cumberland Bank
Supreme Judicial Court of Maine
Case for a “ malicious arrest and imprisonment” on an execution in favor of the defendants against the plaintiff and several others.
Read the full summary
Case for a “ malicious arrest and imprisonment” on an execution in favor of the defendants against the plaintiff and several others. At the trial, before Whitman C. J. the parties agreed, after their evidence was all before the jury, that if upon this testimony, including that offered by the plaintiff and rejected by the presiding Judge, or so much thereof as should have been received as legal evidence, the Court should be of opinion that this action is maintainable, then it is to be submitted to a jury to ascertain the damages; and if not, the plaintiff is to become nonsuit. The facts…
1Opinion of the Court
The opinion of the Court, Shepley J. taking no part in the decision, was drawn up by
Whitman C. J.
This is a suit against the defendants, an aggregate corporation, for maliciously causing the plaintiff to be arrested on an execution, which had been issued on a judgment against him, and certain other individuals, in favor of the defendants. If the action, upon the evidence offered on the part of the plaintiff, is not maintainable, a nonsuit is to be entered ; otherwise the action is to stand for trial.
The first question, obviously presented by the case, is, can a corporation aggregate be…
2Cited by3 opinions
- Nichols, Shepard & Co. v. CrandallMichigan Supreme Court · 1889
- Sidelinger v. TrowbridgeSupreme Judicial Court of Maine · 1915
- Gagne v. Ralph Pill Electric Supply Co.District Court, D. Maine · 1986