Wiesinger v. First National Bank
Michigan Supreme Court
Error to Berrien; Coolidge, J. Case by John G-. Wiesinger against the First National Bank of Benton Harbor for the malicious prosecution of an attachment. From a judgment for the defendant, plaintiff brings error.
1Opinion of the CourtLong, J.
This action is brought to recover damages for maliciously suing out a writ of attachment against the property of the plaintiff by the defendant bank. The affidavit upon which the writ of attachment was issued was made by the president of the bank, and alleges, among other things, that the defendant in the writ (the plaintiff here) was indebted to the bank in the sum of $750, which amount was then due upon express contract. The causes for the issuing of the writ are stated to be that the defendant in the writ “is about to remove his property out of this State with intent to defraud his…
2Cases cited2 opinions
- LeClear v. PerkinsMichigan Supreme Court · 1894
- Estlow v. HannaMichigan Supreme Court · 1889
3Cited by3 opinions
- Leeseberg v. Builders Plumbing Supply Co.Michigan Court of Appeals · 1967
- Farmers' National Bank v. Salina Paper Manufacturing Co.Supreme Court of Kansas · 1897
- Jocque v. McRaeMichigan Supreme Court · 1905