Grainger v. Hill

132 Eng. Rep. 769, 4 Bing. N.C. 212 (1838)

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Grainger v. Hill

Court of Common Pleas
132 Eng. Rep. 769, 4 Bing. N.C. 212 (1838)

SC
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Facts

Grainger (plaintiff) mortgaged his ship to Hill (defendant) with a promise to pay off the mortgage within one year. During that time, Grainger was to maintain control of the ship. Before the year ended and the payment came due, Hill threatened to arrest Grainger if Grainger did not pay immediately. Grainger refused to pay, and Hill arrested him. Grainger brought suit for abuse of process. The trial court found in favor of Grainger. Hill moved for a nonsuit based on the fact that Grainger 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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