Malone v. Belcher
Massachusetts Supreme Judicial Court
Tort for malicious abuse of civil process in the attachment of real estate of the plaintiff. Writ in the District Court of Western Hampden, dated February 21, 1912. On appeal to the Superior Court, the case was tried before Ratigan, J. The material facts are stated in the opinion.
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Tort for malicious abuse of civil process in the attachment of real estate of the plaintiff. Writ in the District Court of Western Hampden, dated February 21, 1912. On appeal to the Superior Court, the case was tried before Ratigan, J. The material facts are stated in the opinion. At the close of the evidence, the plaintiff asked the judge to rule as follows: 1. “The jury are to take into consideration in awarding damages the circumstances of the case, the nature of the attachment, and its natural effect upon the reputation, credit, financial standing and the injury to the private feelings of…
1Opinion of the CourtMorton, J.
This is an action of tort to recover of the defendant damages for a malicious abuse of process in causing property which the plaintiff had bargained to sell to one Peterson to" be maliciously attached for the purpose of preventing said sale and compelling the plaintiff to convey the same to the defendant or to such person or persons as he might designate. There was a verdict for the plaintiff with the amount of which he is dissatisfied. The case is here on exceptions by both parties to the refusal of the presiding judge to give certain rulings asked for, — those requested by the plaintiff…
2Cases cited4 opinions
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Wheeler v. HansonMassachusetts Supreme Judicial Court · 1894
- Zinn v. RiceMassachusetts Supreme Judicial Court · 1891
- White v. Apsley Rubber Co.Massachusetts Supreme Judicial Court · 1902
3Cited by45 opinions
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- Gabriel v. BorowyMassachusetts Supreme Judicial Court · 1949
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