Mullen v. Brown
Massachusetts Supreme Judicial Court
Tort for false imprisonment. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The plaintiff sold to the defendant a sleigh, and was paid $50 therefor. The sleigh, at the time of the sale, was subject to a mortgage given by the plaintiff to one Daniel H. Murphy, and was taken from the defendant and sold upon said mortgage.
Read the full summary
Tort for false imprisonment. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: The plaintiff sold to the defendant a sleigh, and was paid $50 therefor. The sleigh, at the time of the sale, was subject to a mortgage given by the plaintiff to one Daniel H. Murphy, and was taken from the defendant and sold upon said mortgage. Thereupon the defendant made complaint to the Police Court of Lynn, charging the plaintiff, in selling the sleigh, with the offence described in the Pub. Sts. o. 203, § 70. A warrant was issued on this complaint,…
1Opinion of the Court
By the Court.
The plaintiff was arrested upon a lawful warrant, duly issued by a magistrate upon the complaint of the defendant. For such arrest, and the imprisonment following it, the defendant is not liable in an action for assault and false imprisonment, although his object in making the complaint was to enforce the payment of a debt or to extort money. The plaintiff’s remedy, if any, is by an action for malicious prosecution. Coupal v. Ward, 106 Mass. 289. Exceptions overruled.
2Cases cited1 opinion
- Coupal v. WardMassachusetts Supreme Judicial Court · 1871
3Cited by14 opinions
- Joske v. IrvineTexas Supreme Court · 1898
- Montgomery Ward v. WilsonCourt of Appeals of Maryland · 1995
- Mezullo v. MaletzMassachusetts Supreme Judicial Court · 1954
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
9 more not listed; retrieve them via the Exa API.