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DANGEL v. OFFSET PRINTING, INC.

342 Mass. 170 (1961)

172 N.E.2d 610

EDWARD S. DANGEL vs. OFFSET PRINTING, INC. & another.

Supreme Judicial Court of Massachusetts, Middlesex.

March 3, 1961.

Attorney(s) appearing for the Case

Edward M. Dangel, for the plaintiff.

Edward F. Novick, for the defendants.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WILKINS, C.J.

In this action of tort, demurrers to the declaration were sustained, and the plaintiff appealed. There were two substantially similar counts. It will be sufficient to consider merely the first count, which alleged that the defendant "well knowing that it had no claim against the plaintiff personally, nevertheless maliciously and without probable cause sued out a writ on October 7, 1959, against the plaintiff and on that writ, wrongfully attached the...

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