Leyser v. Field
New Mexico Supreme Court
Appeal, from a judgment in favor of plaintiff, from the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. The plaintiff was bound to prove want of probable cause as one of the conditions precedent to a recovery.
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Appeal, from a judgment in favor of plaintiff, from the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. The plaintiff was bound to prove want of probable cause as one of the conditions precedent to a recovery. Alexander v. Harrison, 38 Mo. 258; Cloon v. Gerry, 79 Mass. 202 (13 Gray, 201); McManus v. Ellis, 52 Tex. 516. Plaintiff failed to show the termination of the litigation favorable to himself, either by direct adjudication or the creditor’s abandonment, proof of which was a condition precedent to recovery. Stewart v. Sonneborn, 98 U.…
1Opinion of the CourtLee, J.
This is an action of trespass on the case, brought by Simon Leyser against Louis Lieberman, Joseph C. Mannheimer, NeillB. Field, Henry C. Lewis, and S. E. Ulman, in which the plaintiff charges in his declaration that the said defendants, on the first day of May, 1883, at the county of Socorro, and territory of New Mexico, not having good and reasonable or probable cause to believe that the said plaintiff had fraudulently disposed of his property so as to defraud and hinder his creditors, or was about to dispose of his property with such intent, but wrongfully, maliciously, and unlawfully…
2Cases cited8 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Barron v. MasonSupreme Court of Vermont · 1858
- Besson v. . SouthardNew York Court of Appeals · 1851
- Driggs v. BurtonSupreme Court of Vermont · 1871
- M'Cormick v. SissonNew York Supreme Court · 1827
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3Cited by8 opinions
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- Yucca Ford, Inc. v. ScarsellaNew Mexico Court of Appeals · 1973
- Johnson v. Walker-Smith Co.New Mexico Supreme Court · 1943
- Delgado v. RiveraNew Mexico Supreme Court · 1936
- Weststar Mortgage Corp. v. JacksonNew Mexico Court of Appeals · 2002
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