Bump v. Betts
New York Supreme Court
This was an action on the case for a malicious prosecution, tried at the Chenango circuit in September, 1834, before the Hon. Robert Monell, one of the circuit judges.
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This was an action on the case for a malicious prosecution, tried at the Chenango circuit in September, 1834, before the Hon. Robert Monell, one of the circuit judges. The defendant, in the absence of the plaintiff, obtained an attachment against his property on the allegation that the plaintiff had departed the county in which he had resided, with the intent to defraud his creditors, obtained a judgment against him in the proceeding thus commenced, sued out an execution and sold the property of the plaintiff. The plaintiff gave evidence going to show that the demand on which the judgment was…
1Opinion of the Court
By the Court,
Nelson, Cb. J.
This action lies against any person who maliciously and without probable cause prosecutes another, whereby the party prosecuted sustains an injury either in person, property, or reputation. 1 Selw. 806. Saund. Pl. & Ev. 651. 2 Chitty’s PL 248, n. r. 12 Mod. 208. 1 Salk. 12. 1 T. R. .493, 551.
As a general rule, the plaintiff must aver in his declara*422tion, and prove on the trial the determination of the former suit in his favor, Saund. Pl. & Ev. 858, 2 Chitty’s Pl. 245, n. e., though the omission of the averment would be cured after verdict. 1 Saund. 228, b. n. 1. See…
2Cited by24 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Hauser v. BartowNew York Court of Appeals · 1937
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Willard v. . Holmes, Booth HaydensNew York Court of Appeals · 1894
- Lawrence v. HagermanIllinois Supreme Court · 1870
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