Moore v. Bank.
Supreme Court of North Carolina
ActioN by J. H. Moore against the First National Bank of Statesville and Geo. H. Brown, beard by Judge Jas. L. Webb and. a jury, at the February Term, 1905, of the Superior Court Of ALEXANDER. This was an .action for damages alleged to have been sustained by reason of suing out an attachment by defendant bank and George II. Brown, its cashier, against plaintiff’s property, wrongfully, maliciously and without probable cause.
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ActioN by J. H. Moore against the First National Bank of Statesville and Geo. H. Brown, beard by Judge Jas. L. Webb and. a jury, at the February Term, 1905, of the Superior Court Of ALEXANDER. This was an .action for damages alleged to have been sustained by reason of suing out an attachment by defendant bank and George II. Brown, its cashier, against plaintiff’s property, wrongfully, maliciously and without probable cause. A demurrer to the plaintiff’s evidence was sustained by the court and the action dismissed. The facts developed upon plaintiff’s evidence, in so far as they are material…
1Opinion of the Court
Connor, J.,
after stating the case: We are relieved of any extended discussion of the principles of law applicable to this appeal. The learned counsel for plaintiff and defendants agree in that respect. Plaintiff’s counsel cite a line of cases decided by this court which clearly and without any variation settle the law as to the material questions in the case. We are not called upon to express’any opinion in regard to the conduct or motives of plaintiff except in so far as they bear upon the state of defendant’s mind and the reasonableness of bis belief. It may well be, and we do not wish to…
2Cases cited12 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Stacey v. EmerySupreme Court of the United States · 1878
- Willard v. . Holmes, Booth HaydensNew York Court of Appeals · 1894
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1905
- Smith v. . DeaverSupreme Court of North Carolina · 1857
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3Cited by4 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
- Humphries v. EdwardsSupreme Court of North Carolina · 1913
- Swaim v. . StaffordSupreme Court of North Carolina · 1843