Legal Opinion
Lockhart v. . Bear
Supreme Court of North Carolina
Decided September 5, 1895PublishedCited by 9 opinions
Civil aotiok for malicious abuse of process, in which plaintiff sued for damages, compensatory and punitive, tried before Moke, Jat January Term, 1895, of New HaNOVER Superior Court. The defendant answered, but at the trial demurred ore terms upon the ground that the complaint did not state a cause of action. The demurrer was sustained, and plaintiff appealed.
1Opinion of the Court
The plaintiff brings this action and files the following complaint:
"1. That on or about 1 June, 1893, the defendant, Solomon Bear, with the purpose and intent of extorting from the plaintiff an order upon one J. M. Wright for the payment to him of the sum of two hundred and sixty-four and 85-100 dollars, claimed by him to be due and owing to him by plaintiff, but which plaintiff denied, out of the proceeds of an insurance policy assigned by plaintiff to the said Wright, threatened the plaintiff with arrest and imprisonment unless he gave him said order, and upon his refusing to do so made an…
2Cases cited7 opinions
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- Sneeden v. . HarrisSupreme Court of North Carolina · 1891
- Puffer v. . LucasSupreme Court of North Carolina · 1888
- Hewit v. . WootenSupreme Court of North Carolina · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Glidewell v. Murray-Lacy & Co.Supreme Court of Virginia · 1919
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
- Abernethy v. . BurnsSupreme Court of North Carolina · 1936
- Marlatte v. WeickgenantMichigan Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.