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Grainger v. Hill

Court of Common Pleas

132 Eng. Rep. 769 (1838)

Relevant factsFree

The plaintiff mortgaged his ship to the defendant, retaining control of the vessel with a year to repay the mortgage, but before the repayment deadline arrived the defendant threatened to arrest the plaintiff unless he paid immediately, and then had him arrested when he refused; the plaintiff sued for abuse of process, prevailed at trial, and the defendant moved for a nonsuit on the ground that the plaintiff hadn't proven the termination of a prior proceeding in his favor or a lack of probable cause.

IssueFree

Whether, in an abuse of process claim, a plaintiff must plead termination of a previous proceeding or lack of probable cause.

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