Legal Opinion

McClenny v. Inverarity

Supreme Court of Kansas

Decided July 3, 1909No. 16,114PublishedCited by 17 opinions

Error from Jefferson district court; Marshall Gephart, judge. STATEMENT. The plaintiff, Henry McClenny, sued the defendants, Inverarity and Dedrick, for damages for conspiracy, abuse of process, false imprisonment, intimidation and extortion, whereby they obtained from him a sum of money. The plaintiff had given to Inverarity a note for $175, secured by a chattel mortgage given and recorded in Jefferson county, where the parties then lived.

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Error from Jefferson district court; Marshall Gephart, judge. STATEMENT. The plaintiff, Henry McClenny, sued the defendants, Inverarity and Dedrick, for damages for conspiracy, abuse of process, false imprisonment, intimidation and extortion, whereby they obtained from him a sum of money. The plaintiff had given to Inverarity a note for $175, secured by a chattel mortgage given and recorded in Jefferson county, where the parties then lived. Afterward the plaintiff moved to Gove county, .taking with him the mortgaged property, contrary to a stipulation in the mortgage that it should remain in…

1Opinion of the Court

'The opinion of the court was delivered by

Benson, J.:

The evidence disclosed the fact that a warrant for the arrest of the plaintiff upon a criminal «harge was used to collect a debt, and, it seems, to ex*572tort an additional amount. The justification suggested is that the prosécution was begun by advice of the county-attorney, and that the warrant was good upon its face. Whatever the original motive may have been, the subsequent conduct of the defendants reveals an abuse of the process. The prompt suggestion of the constable, after first impressing the plaintiff with the gravity of the supposed…

2Cases cited5 opinions

  1. Wood v. GravesMassachusetts Supreme Judicial Court · 1887
  2. Bonney v. KingIllinois Supreme Court · 1903
  3. Slomer v. PeopleIllinois Supreme Court · 1860
  4. Wurmser v. StoneCourt of Appeals of Kansas · 1895
  5. State v. HinchmanSupreme Court of Kansas · 1906

3Cited by17 opinions

  1. Hoppe v. KlapperichSupreme Court of Minnesota · 1947
  2. Palmer Ford, Inc. v. WoodCourt of Appeals of Maryland · 1984
  3. Glidewell v. Murray-Lacy & Co.Supreme Court of Virginia · 1919
  4. Daniel L. Tappen, M. D. v. Law Lamar Ager, M. D.Court of Appeals for the Tenth Circuit · 1979
  5. Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931

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