Wade v. National Bank of Commerce of Tacoma
U.S. Circuit Court for the District of Washington
At Law. Action to recover damages for alleged malicious prosecution of a civil action, in which the pleadings contained slanderous accusations, injurious to the present plaintiff. Demurrer to complaint overruled.
1Opinion of the Court
HANFORD, District Judge.
The demurrer to the complaint in this case raises the question whether an action can be maintained to recover damages for injuries to the plaintiff’s reputation and business caused by the malicious prosecution of a civil action without probable cause, in which a complaint was filed containing false and defamatory matter; there having been in said action no arrest or detention of the plaintiff, nor seizure of or interference with his property by any form of process. Upon the argument the demurrer was well supported by citations from text-books and adjudged cases. Some…
2Cases cited24 opinions
- Mayer v. WalterSupreme Court of Pennsylvania · 1870
- Smith v. Michigan Buggy Co.Illinois Supreme Court · 1898
- Eastin v. Bank of StocktonCalifornia Supreme Court · 1884
- Wetmore v. MellingerSupreme Court of Iowa · 1884
- Mitchell v. Southwestern RailroadSupreme Court of Georgia · 1885
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3Cited by5 opinions
- Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
- Abbott v. ThorneWashington Supreme Court · 1904
- Wilkinson v. Goodfellow-Brooks Shoe Co.U.S. Circuit Court for the District of Eastern Missouri · 1905
- In re ShonDistrict Court, D. Massachusetts · 1913
- Siebrand v. Eyerly Aircraft Co.District Court, D. Oregon · 1960