Kassel Poultry Co. v. Sheldon Produce Co.

This action was begun by an attachment, and the complaint is based upon a debt which is alleg’ed to he due from the defendant to the plaintiff. The defendant has filed an answer setting up a counter-claim against the plaintiff, in which the defendant alleges that the plaintiff had no reasonable or probable cause to make the affidavit, nor to cause the said writ of attachment, which initiated the plaintiff’s suit, to be issued. There is, of course, no' allegation in the counterclaim that the proceedings thus alleged to- have been maliciously instituted have been terminated in favor of the…