191 Mass. 148 | Mass. | 1906
This is an action of tort to recover damages for an abuse of legal process in Chicago in September, 1894. The writ in this action is dated February 8, 1904. The case was tried before the Chief Justice of the Superior Court without a jury. He found for the defendant and the case is here on the plaintiff’s exceptions. The bill of exceptions contains all the material evidence.
The defendant held a promissory note signed by the plaintiff for |1,000, dated Chicago, Illinois, January 17,1894, payable on demand sixty days after date with interest at six per cent. The note was not paid when due and the defendant in September, ' 1894, caused a writ of attachment to be issued against the real and personal estate of the plaintiff, wherein one Shiverick was summoned as garnishee. By the law of Illinois, a creditor, in order to obtain a writ of attachment against the goods or estate
The Chief Justice found that Wright was indebted to Anderson for money loaned to the amount of $1,000, that Anderson, the de-' fendant, made demand after the note became due and before suit was brought in Illinois, and that the above agreement was intended by Wright and Anderson to be a settlement of all causes of action then existing between them. He ruled as requested by the plaintiff that the cause of action in this case was not barred by the statute of limitations, but refused to rule that the defendant had no cause of action when he attached the property of the plaintiff in 1894 in Chicago, or that the affidavit of attachment was falsely made and void, — holding that in view of his findings the last two rulings requested became immaterial.
The principal question is whether there was evidence warranting the finding that the agreement that was signed by the parties was intended to be a settlement of all causes of action then existing between the parties. We think that there was. There was testimony tending to show that at the time when the terms of settlement were agreed upon the plaintiff said to the defendant that he could put him in jail for making the affidavit, and that the defendant replied that his “ lawyer took these proceedings ” and he did not know anything about it. Nothing further appears to have been said about the matter, and the settlement was made
Exceptions overruled.
The questions allowed against the objection of the plaintiff were asked of the plaintiff upon his cross-examination. The questions and the plaintiff’s answers to them were as follows: “ Q. That is then it was then the understanding that that settled all matters between you and Mr. Anderson up to that time. Ans. It settled the question of the note, that was all, nothing else implied or understood.— Q. You understood when that agreement was signed it settled all matters between you. Ans. No, sir, not that agreement.”
The defendant, apparently without objection on the part of the plaintiff, testified “that he understood that the agreement settled all matters and differences then existing between them.”