Gundermann v. Buschner
Appellate Court of Illinois
Trespass on the Case, for the malicious prosecution of a civil suit. Error to the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding.
1Opinion of the CourtJustice Sears
The errors assigned present but one question, viz.: the sufficiency of the declaration of plaintiff in trial court, defendant in error here. The action is on the case, and is to recover damages for a malicious prosecution. The declaration alleges, among other things, the good repute of plaintiff; that there was due to him $600 from the Chicago Brewing Company; that defendant, maliciously intending to injure plaintiff and “to break up the business of plaintiff,” etc., falsely, maliciously and without probable cause, made affidavit before a justice of the peace, stating that plaintiff was about…
2Cases cited9 opinions
- Marbourg v. SmithSupreme Court of Kansas · 1873
- Wetmore v. MellingerSupreme Court of Iowa · 1884
- Brand v. HinchmanMichigan Supreme Court · 1888
- Closson v. StaplesSupreme Court of Vermont · 1869
- McNamee v. MinkeCourt of Appeals of Maryland · 1878
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3Cited by7 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Novick v. BeckerWisconsin Supreme Court · 1958
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- Neri v. J.I. Case Co.Appellate Court of Illinois · 1991
- Foley Brokerage Co. v. Feldman Bros. Commission, Inc.Appellate Court of Illinois · 1947
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