McKinney v. Nayberger

Petition for rehearing denied December 22, 1931

On Petition for Rehearing

(6 P. (2d) 228)

ROSSMAN, J.

The excellent argument advanced in respondents’ brief, accompanying their petition for a rehearing, has caused us once more to give extended consideration to this cause. We are persuaded, however, that the statement of our conclusions should be brief. Two contentions are pressed upon us: (1) that in the absence of an allegation in the complaint ¿verring that the suit wherein the receiver was appointed was prompted by malice and lacked probable cause, no cause of action was stated; (2) that the…