Ledgehill Homes, Inc. v. Chaitman
| Decision Date | 02 December 1964 |
| Parties | LEDGEHILL HOMES, INC. v. Louis CHAITMAN. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Stephen R. Morse, Boston, for plaintiff.
John R. Carney, Jr., Boston, for defendant.
Before WILKINS, C. J., and SPALDING, WHITTEMORE, KIRK, and REARDON, JJ.
RESCRIPT.
In this action of tort for abuse of process the judge found for the defendant. The plaintiff presented seventeen requests for findings and rulings, all of which were granted. The sole question arises from the plaintiff's exception to the denial of its motion for a new trial. The grounds of the motion are that the general finding for the defendant is: (1) inconsistent with the judge's rulings and findings, (2) against the weight of the evidence, and (3) unfair and unjust. There was no error. The judge could have found that, although the attachment was excessive, the process was not 'used to accomplish some ulterior purpose for which it was not designed or intended, or which was not * * * [its] legitimate purpose.' Gabriel v. Borowy, 324 Mass. 231, 236, 85 N.E.2d 435, 439. And he could likewise have found, despite the evidence adduced by the plaintiff, that damage, an essential element of the tort, had not been established. See Quaranto v. Silverman, 345 Mass. 423, 427, 187 N.E.2d 859.
Exceptions overruled.
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Jones v. Brockton Public Markets, Inc.
...cases cited.' Furthermore, '(d)amage is an essential element of the tort.' Id. at 427, 187 N.E.2d at 862. Ledgehill Homes, Inc. v. Chaitman, 348 Mass. 777, 202 N.E.2d 920 (1964). Thus, to avoid dismissal under Rule 12(b)(6), a plaintiff must allege facts which are sufficient to support the ......
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Madan v. Royal Indem. Co.
...failed to show that it was damaged. Damage is an essential element of the tort of abuse of process. Ledgehill Homes, Inc. v. Chaitman, 348 Mass. 777, 202 N.E.2d 920 (1964). II. The Plaintiff's Issues. A. The Statute of Frauds issue. The plaintiff claims that the judge erred when he ruled th......
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Ferraro v. First Safety Fund Nat. Bank
...and probable consequence of the misuse of process. Quaranto v. Silverman, 345 Mass. at 427, 187 N.E.2d 859. Ledgehill Homes, Inc. v. Chaitman, 348 Mass. 777, 202 N.E.2d 920 (1964). For the purposes of this tort, "process" refers to "the papers issued by a court to bring a party or property ......
- Geswell's Case