Blunt v. Little
U.S. Circuit Court for the District of Massachusetts
Case for maliciously arresting the plaintiff and holding him to bail in a civil action, in the sum of $10,000. Plea not guilty. At the trial the jury found a verdict for the plaintiff and $2,000 damages.
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Case for maliciously arresting the plaintiff and holding him to bail in a civil action, in the sum of $10,000. Plea not guilty. At the trial the jury found a verdict for the plaintiff and $2,000 damages. In the course of the trial, which involved very complicated transactions, the deposition of Samuel Fessenden, Esq., was offered on behalf of the defendant, to prove, that he had advised, that a certain award, which, if good, was a bar to the defendant’s right of action, was erroneous, and would not be sustained upon trial. .But it not appearing, that such advice was given before the defendant…
1Opinion of the Court
STORY, Circuit Justice.
It was most clearly established at the trial, that the defendant had no just cause of action to support the arrest, on which the present suit is founded. The award, on the setting aside of which the defendant could alone pretend to maintain his action, was at that time in litigation in another suit, and its validity has since been supported by the supreme court of Massachusetts against every objection; and so far as the merits were brought before this court upon the recent trial, they appeared to be unequivocally in favor of Blunt. Indeed no one could reasonably doubt,…
2Cited by109 opinions
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- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Honda Motor Co. v. ObergSupreme Court of the United States · 1994
- Savino Dagnello v. Long Island Rail Road CompanyCourt of Appeals for the Second Circuit · 1961
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