Lawrence v. Hagerman

Citations

• 56 Ill. 68

Syllabus

<p>1. Action on the case—for maliciously suing out a writ of attachment. An action on the case for maliciously, and without probable cause, suing , out a writ of attachment, is maintainable for the injury resulting there- \\ from to the business, credit and reputation of the defendant therein, notwithstanding the statute requires the plaintiff in the attachment suit to give a bond conditioned to pay all damages that may be occasioned by the wrongful suing out of the writ. It is a more complete remedy, of which a party may avail independent of the statutory remedy.</p> <p>2. The remedies by an action on the case, and upon the bond, may be concurrent, to a certain extent. Actual damages, such as direct loss on the property attached, expenses incurred in defense of the suit, may be recovered in an action on the bond. But for loss of credit, breaking up of business, loss of customers and injury to reputation, resort must be had,» to obtain full indemnity, to an action on the case for malicious prosecution, under the common law.</p> <p>3. Evidence — in action for malicious prosecution. In an action on the case, for maliciously, and without probable cause, suing out a writ of attachment, evidence was offered by the plaintiff which tended to show, negatively at least, that there was no probable cause for suing out the writ, and such evidence was held to be legitimate and proper.</p> <p>4. Allegations and proofs — in such case. In an action on the case for maliciously, and without probable cause, suing out a writ of attachment, and causing the same to be levied upon the goods and chattels of the plaintiff, it was averred that, by reason of such wrongful act, the plaintiff sustained special damage in the depreciation of the value of the property levied on, and the expenditure of large sums of money in the defense of the action, and as general damages, that his business was broken up, and his credit and reputation impaired and destroyed. It was held, the averments were broad