Legal Opinion

McWilliams v. Hoban

Court of Appeals of Maryland

Decided March 11, 1875PublishedCited by 10 opinions

Appeal from the Circuit Court for Howard County. The plaintiff’s second prayer, which the Circuit Court granted, prescribing the measure of damages, was as follows : “If the jury shall find a verdict for the plaintiff, they are at liberty to take into consideration all the circumstances of the case, and award such damages as will not only compensate the plaintiff for the -wrong and indignity he has sustained in consequence of the defendant’s wrongful act; hut may also award…

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Appeal from the Circuit Court for Howard County. The plaintiff’s second prayer, which the Circuit Court granted, prescribing the measure of damages, was as follows : “If the jury shall find a verdict for the plaintiff, they are at liberty to take into consideration all the circumstances of the case, and award such damages as will not only compensate the plaintiff for the -wrong and indignity he has sustained in consequence of the defendant’s wrongful act; hut may also award exemplary or punitive damages as a punishment to the defendant for such wrongful act.” The case is otherwise…

1Opinion of the CourtBowie, J.

The appellee (Thomas Hoban) having been charged by the appellant (McWilliams) with artfully and corruptly embezzling money, belonging to the appellant, and one Pieper, his partner, on which charge, he was afterwards arrested, and upon hearing, the same being dismissed, sued the appellant, for falsely, and maliciously, and without probable cause, arresting and causing him to be imprisoned, etc.

The appellant pleaded he did not commit the wrongs alleged; whereupon issue being joined, verdict was rendered for the appellee. The material facts developed in the case were as follows: The appellant…

2Cases cited2 opinions

  1. Stansbury v. FogleCourt of Appeals of Maryland · 1873
  2. Cecil v. ClarkeCourt of Appeals of Maryland · 1861

3Cited by10 opinions

  1. Brewer v. MeleCourt of Appeals of Maryland · 1972
  2. Banks v. Montgomery Ward & Co.Court of Appeals of Maryland · 1974
  3. Ramsey v. ArrottTexas Supreme Court · 1885
  4. Graves v. ScottSupreme Court of Virginia · 1905
  5. Merchant v. PielkeNorth Dakota Supreme Court · 1900

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