Petry v. Charles H. Childs & Co.
New York Supreme Court
Motion by plaintiff for a new trial, after dismissal of complaint.' This is an action to- recover damages for an alleged abuse of process, growing out of the following facts: On September 21, 1903, the defendant in this action, Charles H. Childs & Co;, a corporation doing business at Utica, H. Y., instituted an action against the plaintiff herein by the service of a summons and complaint in this court, in which complaint judgment was demanded for ninety-eight dollars and…
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Motion by plaintiff for a new trial, after dismissal of complaint.' This is an action to- recover damages for an alleged abuse of process, growing out of the following facts: On September 21, 1903, the defendant in this action, Charles H. Childs & Co;, a corporation doing business at Utica, H. Y., instituted an action against the plaintiff herein by the service of a summons and complaint in this court, in which complaint judgment was demanded for ninety-eight dollars and thirty-two cents, with interest from July 1, 1903, and with costs of the action. On the same day, but after the service of…
1Opinion of the CourtCochbame, J.
The undisputed facts disclosed in this case do not establish plaintiff’s right to recover. Although this is not an action for a malicious prosecution, but for an abuse of process, nevertheless in all actions of this character to which my attention has been called, there has existed the element of intentional wrongdoing or a wanton attempt to pervert the processes of the law from their proper use and design. While it may not be necessary to prove malice as against the plaintiff, there must be the intent to do something wrong, or to make a willful misuse of the court or its process, for the…
2Cases cited4 opinions
- Dishaw v. WadleighAppellate Division of the Supreme Court of the State of New York · 1897
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Brown v. FeeterNew York Supreme Court · 1831
- Hazard v. HardingNew York Supreme Court · 1882
3Cited by1 opinion
- Sands v. ComerfordNew York Supreme Court · 1924