GRAINGER V. HILL
Ct. of Common Pleas, 4 Bing.N.C. 212, 132 Eng. Rep.76 (1838).
NATURE OF THE CASE: This was an action for abuse of process.
FACTS: Grainger (P) owned a boat under mortgage to Hill (D). The mortgage required
payment in September 1837 and that P could retain the command of the vessel. D demanded
early repayment. P refused, and D had him arrested until he gave up possession of the ship.
P sued for abuse of process. The jury returned a verdict in P's favor. D sought a nonsuit;
there was no proof of the suit commenced by D had been terminated.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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