Black v. Buckingham
Massachusetts Supreme Judicial Court
Tobt, for malicious arrest. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance, as follows.
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Tobt, for malicious arrest. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance, as follows. It appeared that the plaintiff was a manufacturer of snowplows in Lexington, and the defendant, who was a manufacturer of malleable iron in Worcester, had several times made the iron parts for the plaintiff’s machines ; and that before the time of the trial of this case the defendant had recovered judgment for the sum of $710.50 in an action in which this plaintiff was arrested, which sum was substantially less than the amount claimed by the plaintiff to be…
1Opinion of the CourtLathrop, J.
While this action is called in the bill of exceptions an action for malicious arrest, it is properly speaking an action for malicious prosecution. The plaintiff was duly arrested on a writ issued by a court having jurisdiction of the cause of action and of the parties. See cases cited in Jackson v. Knowlton, 173 Mass. 94. The burden of proof was on the plaintiff to prove that at the time the defendant procured the arrest he had no probable cause to believe that the plaintiff intended to leave the State. Legallee v. Blaisdell, 134 Mass. 473.
The principal question in the case is as to the…
2Cases cited7 opinions
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- Allen v. CodmanMassachusetts Supreme Judicial Court · 1885
- Connery v. ManningMassachusetts Supreme Judicial Court · 1895
- Monaghan v. CoxMassachusetts Supreme Judicial Court · 1892
- Donnelly v. DaggettMassachusetts Supreme Judicial Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sweet v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1913
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Champlin v. JacksonMassachusetts Supreme Judicial Court · 1943
- Sorenson v. KribsOregon Supreme Court · 1916
- Brennan v. SchusterMassachusetts Supreme Judicial Court · 1934
6 more not listed; retrieve them via the Exa API.