Stanfield v. Phillips
Supreme Court of Pennsylvania
Certificate from Nisi Prius: No. 223, to January Term 1873. This was an action on the case, commenced January 21st 1871, by James R. Phillips against Mark M. Stanfield, Philip II. Went-worth, Lyman B. Jewell, James S. Leavitt and John L. Melcher, trading as Stanfield, Wentworth & Co. The action was for damages for the malicious arrest of the plaintiff by the defendants.
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Certificate from Nisi Prius: No. 223, to January Term 1873. This was an action on the case, commenced January 21st 1871, by James R. Phillips against Mark M. Stanfield, Philip II. Went-worth, Lyman B. Jewell, James S. Leavitt and John L. Melcher, trading as Stanfield, Wentworth & Co. The action was for damages for the malicious arrest of the plaintiff by the defendants. The plaintiff, in 1870, was in partnership in Philadelphia with his brother, Fleming S. Phillips, under the firm of J. R. & F. S. Phillips. They had had dealings to a large amount with the defendants, who were merchants in New…
1Opinion of the CourtJustice Gordon
The declaration, in this ease, was general, and therefore only such general damages as the law would presume to flow from the illegal arrest complained .of could be recovered under it: 1 Chitty’s Pl. 395. If the plaintiff desired to recover special damages he should have set forth the cause which produced them with particularity, in order that the defendants might know with certainty what they had to meet. This rule imposes no hardship upon the plaintiff, and the enforcement of it is but a matter of justice to defendant.
The above stated rule, of course, governs the evidence which should be…
2Cited by6 opinions
- Parsons Trading Co. v. DohanSupreme Court of Pennsylvania · 1933
- Fournier v. Great Atlantic & Pacific Tea Co.Supreme Judicial Court of Maine · 1929
- Martachowski v. OrawitzSuperior Court of Pennsylvania · 1900
- Central District & Printing Telegraph Co. v. Pittsburg, McKeesport & Youghiogheny RailroadSuperior Court of Pennsylvania · 1913
- Magdule v. Feather, Pennsylvania Court of Common Pleas, Lebanon County1968
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