Birch v. Conrow

Citations

• 161 Pa. 118
• 28 A. 1009
• 1894 Pa. LEXIS 646

Syllabus

<p>Malicious use of civil process — 'Execution—Damages.</p> <p>In an action to recover damages for a wrongful levy on plaintiff’s goods, there was evidence that the goods had been originally purchased by plaintiff’s father, who had sold them with the other contents of a store to plaintiff ; that the father notified defendants of the sale, and that defendants subsequently sold goods to plaintiff, charging them to him. There was also evidence that the father had stated to defendants that he had transferred his store to his son in order to prevent other creditors from levying upon it. There was testimony for defendants that they had consulted counsel, and had been advised to issue the execution. Held, that the ease was for the jury.</p>