Desmond v. Fawcett
Massachusetts Supreme Judicial Court
Tort in three counts, the first for alleged malicious prosecution, the second for alleged extortion and the malicious institution and prosecution of a civil action and the third for alleged conspiracy to harass the plaintiff and extort money from him by criminal prosecutions and civil actions. Writ dated November 10, 1911. In the Superior Court the case was tried before Hardy, J. The course of the trial is described in the opinion.
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Tort in three counts, the first for alleged malicious prosecution, the second for alleged extortion and the malicious institution and prosecution of a civil action and the third for alleged conspiracy to harass the plaintiff and extort money from him by criminal prosecutions and civil actions. Writ dated November 10, 1911. In the Superior Court the case was tried before Hardy, J. The course of the trial is described in the opinion. The judge ordered a verdict for the defendants on all three counts of the plaintiff’s declaration; and the plaintiff alleged exceptions. The plaintiff in his brief…
1Opinion of the CourtLoring, J.
At the argument the plaintiff waived all exceptions which had to do with the second and third counts. The remaining count was for malicious prosecution. At the trial the judge directed a verdict for the defendants and the case is here on exceptions to that ruling and to the exclusion of evidence offered by the plaintiff.
The facts bearing on these exceptions were in substance these: The defendants Robert and Robert J. Fawcett (father and son and partners in business) had borrowed of the plaintiff several sums of money amounting in the aggregate to $1,000. In June, 1909, the plaintiff was…
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