Peter O'callaghan v. Michael Cronan &Amp; Another

• Decision Date: 10 October 1876
• Citation: 121 Mass. 114
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Peter O'Callaghan v. Michael Cronan & another

121 Mass. 114

Peter O'Callaghan v. Michael Cronan & another

Supreme Court of Massachusetts

October 10, 1876

Worcester. Tort against Michael Cronan and John Cronan. The declaration was as follows.

"The plaintiff says that on or about August 4, 1870, by articles in writing, duly executed by both parties thereto, he formed a copartnership with John Cronan, one of the defendants, in the business of making clothing and buying and selling ready-made clothing, and by the terms of said articles said copartnership was to continue five years from its date aforesaid, and, at the time of the grievances hereinafter set forth, the said copartnership had a long time, to wit, the period of about two years, to run, and said company had always done and were then doing a large and profitable business, and the plaintiff expected and had reasonable cause to expect that large profits would accrue to him from the continued business of said firm up to the end of said period. And the defendants heretofore, to wit, on or about October 10, 1873, with the unlawful purpose of forcing and compelling the plaintiff to withdraw from said firm and to dispose of his interest therein to them or one of them, unlawfully conspired together to accomplish said unlawful purpose, and in pursuance thereof, by false and malicious representations and, by other unlawful inducements offered to various creditors of said firm, procured said creditors to attach on several writs all the stock in trade belonging to said firm and to represent to the attaching officer that said goods so attached were liable greatly to depreciate in value, and to petition said officer to sell said goods forthwith on said writs. And the plaintiff says that said creditors, by reason of said false and malicious representations and inducements did attach all of said goods, and petition for the sale of the same on said several writs as aforesaid; and said defendants, in further pursuance of said unlawful purpose induced said officer, and said officer threatened to sell all said goods in the lump, whereby the same were liable to be sacrificed and sold for much less than their true value. And the plaintiff says that by said unlawful means he was forced to and did withdraw from said firm against his will, and give up and surrender the large profits he reasonably hoped to make in the prosecution of said business in said firm, and sell and dispose of his interest in said goods for...