Duerr v. Ky. & Ind. Bridge & R. R.
Court of Appeals of Kentucky
Appeal from Jefferson Circuit Court; Chancery Branch (Second Division). Thos. R. Gordon, Judge. Prom a judgment sustaining a demurrer to the petition plaintiff appeals POINTS AND AUTHORITIES. 1. A judgment procured by the fraud and collusion of the defendant is not a bar to an action for malicious prosecution against him. (Spring & Stepp v. Besore, 12 B. Mon. 554; Kaye v. Kean, 18 B. Mon. 840; Bell v. Thompson, 31 Ky.
Read the full summary
Appeal from Jefferson Circuit Court; Chancery Branch (Second Division). Thos. R. Gordon, Judge. Prom a judgment sustaining a demurrer to the petition plaintiff appeals POINTS AND AUTHORITIES. 1. A judgment procured by the fraud and collusion of the defendant is not a bar to an action for malicious prosecution against him. (Spring & Stepp v. Besore, 12 B. Mon. 554; Kaye v. Kean, 18 B. Mon. 840; Bell v. Thompson, 31 Ky. Law Rep. 473, 102 S. W. 830; Womack v. Circle, 32 Grattan, 324, 338, 339; Blucher v. Zonker, 19 Ind. App. 615; Bitting v. Ten Eyck, 32 Ind. 421; Adams v. Bicknell, 126 Ind. 210,…
1Opinion of the Court
Opinion of the Court by
Judge Carroll
Affirming
The appellant, Duerr, as plaintiff below, filed his petition against the appellee company, defendant, in which he averred, in substance: That on or about June 20, 1907, one Frank Stigers, then in the employment of the defendant, and acting within the scope of his employment and in its interest, in at-. *230tempting to defeat damage claims against it, maliciously and feloniously entered into a conspiracy with Len Penster, Jr., an employe of defendant, and with other agents and officers of defendant, to bribe and suborn George Giocometti and. others to…
2Cases cited4 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Spring v. BesoreCourt of Appeals of Kentucky · 1851
- Adams v. BicknellIndiana Supreme Court · 1890
- Lancaster v. McKayCourt of Appeals of Kentucky · 1898
3Cited by16 opinions
- State v. Williams and WannSupreme Court of Missouri · 1929
- Broaddus v. CampbellCourt of Appeals of Kentucky · 1995
- Liverpool & London & Globe Insurance v. WrightCourt of Appeals of Kentucky · 1915
- Waddle v. WilsonCourt of Appeals of Kentucky · 1915
- Desmond v. FawcettMassachusetts Supreme Judicial Court · 1917
11 more not listed; retrieve them via the Exa API.