COMMUNITY NATIONAL BANK IN MONMOUTH v. McCrery

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “[t]he usual case of abuse of process is one of some form of extortion, using the process to put pressure on someone to compel him to pay a different debt or to take or refrain from taking some other action”
• noting that the second element is satisfied where the process has been used to accomplish a result that is beyond the purview of the process “or which compels the party against whom it is used to do some collateral thing which he could not legally be compelled to do”
• finding no abuse of process because plaintiff initiated justified foreclosure proceedings against defendant and “[i]t was not used to compel the defendants to do some collateral thing which they could not legally be compelled to do”
• “The usual case of abuse of process is one of some form of extortion, using the process to put pressure on someone to compel him to pay a different debt or to take or refrain from taking some other action.”

Source: CourtListener parenthetical corpus (CC0).