J. Dwight Baird v. Aluminum Seal Company, Inc., an Indiana Corporation

BIGGS, Chief Judge.

The suit at bar, sounding in tort for malicious use and malicious abuse of process, based upon diversity and jurisdictional amount, was brought by Baird against the appellee, Aluminum Seal Company, Inc., 1 (Aluminum) an Indiana corporation. Baird alleged that Aluminum “willfully, wantonly, wrongfully, maliciously, and without probable cause” confessed judgment on Baird’s judgment notes, thereby causing him to lose valuable properties. The notes had been issued by Baird pursuant to an escrow agreement dated May 14, 1947, which provided, after an amendment not pertinent,…