Page v. Cushing
Supreme Judicial Court of Maine
On Exceptions, Hathaway, J. Trespass on the Case for a conspiracy in commencing a prosecution and abuse of legal process. Defendants severally pleaded tbe general issue. Plaintiffs were owners of the steamer Boston, running between Bangor and Boston and touching at tbe intermediate ports. On tbe third day of Dec. 1851, tbe Penobscot river being closed with ice, tbe boat was expected to stop at Frankfort, where defendants lived.
Read the full summary
On Exceptions, Hathaway, J. Trespass on the Case for a conspiracy in commencing a prosecution and abuse of legal process. Defendants severally pleaded tbe general issue. Plaintiffs were owners of the steamer Boston, running between Bangor and Boston and touching at tbe intermediate ports. On tbe third day of Dec. 1851, tbe Penobscot river being closed with ice, tbe boat was expected to stop at Frankfort, where defendants lived. All but one of defendants made complaint to that one, and obtained a warrant under c. 211 of Acts of 1851, to search said steamboat. Evidence was introduced by…
1Opinion of the CourtHoward, J.
— The plaintiffs claim damages for conspiracy, in the malicious institution of a prosecution, and abuse of *526legal process. Under the instructions given, they were required to prove affirmatively, in order to maintain their action, that they had sustained damages by the prosecution instituted by the defendants maliciously, and without probable cause. To these instructions, in the letter and spirit of the law, on the subject of malicious prosecutions, the defendants have no legal grounds of complaint. Nor were they injured by the directions given in reference to a conspiracy to do an unlawful…
2Cited by16 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Drill Parts and Service Co. v. Joy Mfg.Supreme Court of Alabama · 1993
- Joy Laskar, PH.D. v. Phillip W. HurdCourt of Appeals for the Eleventh Circuit · 2020
- Schonwald v. RagainsSupreme Court of Oklahoma · 1912
11 more not listed; retrieve them via the Exa API.