Legal Opinion

Elliott v. Warwick Stores, Inc.

Massachusetts Supreme Judicial Court

Decided November 5, 1952PublishedCited by 59 opinions

1Opinion of the CourtWilliams, J.

This is an action of tort for abuse of legal process tried in the District Court of Springfield.. The judge found for the plaintiff and reported to the Appellate Division his denial of certain requests for rulings submitted by the defendant. The Appellate Division decided that there was prejudicial error in denying the. defendant’s twenty-fourth request reading, “That the institution of proceedings by trustee process prior to judgment to enforce the payment of a dischargeable or nondischargeable debt by bankruptcy, should not be treated or considered as an abuse of legal process,” and ordered…

2Cases cited16 opinions

  1. Bresnick v. HeathMassachusetts Supreme Judicial Court · 1935
  2. Commonwealth v. CurninMassachusetts Supreme Judicial Court · 1991
  3. Adamaitis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
  4. Himelfarb v. Novadel Agene Corp.Massachusetts Supreme Judicial Court · 1940
  5. Loanes v. GastMassachusetts Supreme Judicial Court · 1913

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3Cited by59 opinions

  1. Jones v. Brockton Public Markets, Inc.Massachusetts Supreme Judicial Court · 1975
  2. Heil v. McCannMassachusetts Supreme Judicial Court · 1971
  3. Macone Bros. v. StraussMassachusetts District Court, Appellate Division · 1997
  4. Bushnell v. BushnellMassachusetts Supreme Judicial Court · 1984
  5. Clipper Affiliates, Inc. v. ChecovichSupreme Court of New Hampshire · 1994

54 more not listed; retrieve them via the Exa API.

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