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

Decision Date10 October 1876
Citation121 Mass. 114
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court
PartiesPeter O'Callaghan v. Michael Cronan & another

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...

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21 cases
  • Burdict v. The Missouri Pacific Railway Company
    • United States
    • Missouri Supreme Court
    • June 18, 1894
    ...Redfield on Negligence, sec. 3. (2) There can be no negligence in the absence of a legal duty due from one person to another. O'Callaghan v. Cronin, 121 Mass. 114; Cooley Torts, p. 60; Kerwhacker v. Railroad, 3 Ohio St. 188; Wharton on Negligence, secs. 3 and 24; Rich v. Railroad, 87 N.Y. 3......
  • Willett v. Herrick
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • March 8, 1927
    ...not evidence of duress. Forbes v. Appleton, supra; Grimes v. Briggs, supra; Chandler v. Sanger, 114 Mass. 364, 19 Am. Rep. 367;O'Callaghan v. Cronan, 121 Mass. 114;Lajoie v. Milliken, 242 Mass. 508, 136 N. E. 419. On the facts disclosed in this case the motives of a creditor in bringing an ......
  • Mahoney v. Roberts
    • United States
    • Arkansas Supreme Court
    • April 27, 1908
    ... ... for the mere inducing another to break his contract, there ... being no ... ...
  • Jackson v. Morgan
    • United States
    • Indiana Appellate Court
    • May 9, 1911
    ...conspiracy or malice, or oppression or vindictive purpose, they are of no avail; they merely heap up epithets.” And again, in O'Callahan v. Cronan, 121 Mass. 114: “The allegations of conspiracy, illegality, falsehood, and malice will not support an action, unless either the purpose intended......
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