Pricer v. Meisters
Pricer v. Meisters
Opinion of the Court
It is urged by appellant that there is no support in the evidence for this latter finding. One Quick was the real party in interest, as plaintiff. The account sued on accrued in his favor. As a matter of convenience, he assigned it to his daughter, Roxie Pricer, and he continued in full charge of the collection, ostensibly acting as agent for his daughter. The defendant Avas delinquent in the payment of the account, and Quick had a right to be diligent in the collection thereof. It appears, however,-’that, through a collec
Appellant complains, also, of the admission of that line of testimony, and urges that it was not receivable as evidence of malice. We see no reason for saying that it was not evidence of malice, in a legal sense; and being such, it was admissible. It tended to show a set purpose to injure the defendant. There being evidence of actual malice, exemplary damages were proper. We cannot say, upon this record, that the amount allowed was excessive. The statutory grounds of attachment are intended as a remedy, and must be verified with honesty and good faith by the creditor. They are not intended to invite false verification, or to become a mere club of duress against an innocent debtor. Only exemplary damages against an offending plaintiff will compel respect for the sanctity of the statute, and prevent abuse of the power conferred by it. The record herein discloses very little reason why the plaintiff should have alleged and verified the grounds of attachment set forth in his petition.
Reference
- Full Case Name
- Roxie Pricer v. J. H. Meisters
- Status
- Published