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Grainger v. Hill

Court of Common Pleas
132 Eng. Rep. 769 (1838)

Facts

The plaintiff mortgaged his ship to the defendant with a promise to pay off the mortgage within one year. During that time, the plaintiff was to maintain control of the ship. Before the year ended and the payment came due, the defendant threatened to arrest the plaintiff if the plaintiff did not pay immediately. The plaintiff refused to pay and the defendant arrested him. The plaintiff brought suit for abuse of process. The trial court found in favor of the plaintiff. The defendant moved for a nonsuit based on the fact that the plaintiff did not seek to prove the termination of a prior proceeding in the plaintiff’s favor or the lack of probable cause.

Rule of Law

Issue

Holding and Reasoning (Tindal, C.J.)

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