Grainger v. Hill Case Brief

From our private database of 13,800+ case briefs...

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

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Tindal, C.J.)

The holding and reasoning section includes:

A “yes” or “no” answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 166,000 law students have relied on our case briefs:

Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access This Case Brief for Free

With a 7-Day Free Trial Membership

Here's why 166,000 law students have relied on our case briefs:

Reliable - written by law professors and practitioners not other law students.
The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
Access in your class - works on your mobile and tablet.
13,800 briefs - keyed to 187 casebooks.
Uniform format for every case brief.
Written in plain English - not in legalese and not just repeating the court's language.
Massive library of related video lessons - and practice questions.
Ability to tag case briefs in an outlining tool.
Top-notch customer support.