Stalker v. Drake

Citations

• 91 Kan. 142
• 136 P. 912
• 1913 Kan. LEXIS 351

Syllabus

<p>SYLLABUS- BY THE COURT.</p> <p>1. Action — Petition for Willful and Malicious Oppression — Not for a Conspiracy. The petition herein interpreted and held to state a cause of action for willful and malicious oppression by the defendant, acting through his agents, in seeking to enforce usurious and unlawful claims against plaintiff, and should not be regarded as one asserting a liability on the ground of the conspiracy of the defendant with his agents as tort-feasors and coconspirators.</p> <p>2. - Same. Where a party makes an unlawful demand against another and maliciously and oppressively uses the machinery of the courts and the process of the law as Well as other measures in an endeavor to enforce the payment of such demand the injured party is entitled to recover the loss and damage resulting from such wrongdoing.</p> <p>3. Exemplary Damages — For What Purpose Allowed. Exemplary damages are not allowable because of any special merit in plaintiff’s case, but are imposed by way of punishing the defendant for an invasion of the plaintiff’s' rights in cases characterized by malice, fraud or a willful and wanton disregard of the rights of others, and it is held that the elements justifying the allowance of such damages are present in this case.</p>