Zinn v. Rice
Massachusetts Supreme Judicial Court
Tort, to recover .damages for alleged wrongful acts of the defendant, in that, in an action of contract, brought by him against the plaintiff to recover the sum of $4,522.45, he maliciously placed the ad damnum in the writ at $40,000, and maliciously caused to be made various attachments, each in the sum last named, upon the real and personal property of the plaintiff, to his great damage.
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Tort, to recover .damages for alleged wrongful acts of the defendant, in that, in an action of contract, brought by him against the plaintiff to recover the sum of $4,522.45, he maliciously placed the ad damnum in the writ at $40,000, and maliciously caused to be made various attachments, each in the sum last named, upon the real and personal property of the plaintiff, to his great damage. At the trial in the Superior Court, before Lathrop, J., the plaintiff offered to prove that the defendant on February 7,1889, sued out a writ in an action of contract, in which the damages were laid at…
1Opinion of the CourtW. Allen, J.
It is not contended that the facts alleged in the declaration and offered to be proved at the trial are not sufficient to sustain an action by the plaintiff against the defendant. The defendant’s contention is, that the action is prematurely brought; that it is an action for malicious prosecution, and subject to the rule that a suit for malicious prosecution cannot be maintained until the prosecution has terminated in favor of the plaintiff. But the rule applies only to suits for maliciously *4instituting groundless prosecutions, and does not apply to the injurious and malicious use of process…
2Cases cited3 opinions
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Bump v. BettsNew York Supreme Court · 1838
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1888
3Cited by28 opinions
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Gabriel v. BorowyMassachusetts Supreme Judicial Court · 1949
- Schaefer v. O. K. Tool Co., Inc.Supreme Court of Connecticut · 1930
- Malone v. BelcherMassachusetts Supreme Judicial Court · 1913
- Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
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