(Download) "Baird v. Aluminum Seal Co." by United States Court Of Appeals Third Circuit. ~ eBook PDF Kindle ePub Free
eBook details
- Title: Baird v. Aluminum Seal Co.
- Author : United States Court Of Appeals Third Circuit.
- Release Date : January 26, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The suit at bar, sounding in tort for malicious use and malicious abuse of process, based upon diversity and jurisdictional amount, was brought by Baird against the appellee, Aluminum Seal Company, Inc., (Aluminum) an Indiana corporation. Baird alleged that Aluminum "willfully, wantonly, wrongfully, maliciously, and without probable cause" confessed judgment on Bairds judgment notes, thereby causing him to lose valuable properties. The notes had been issued by Baird pursuant to an escrow agreement dated May 14, 1947, which provided, after an amendment not pertinent, here, for their delivery to an escrow agent in exchange for $35,000 in cash payments to be made by the agent to Baird from a fund paid into escrow by Aluminum. Payments were to be made to Baird at stated intervals as the construction of thirty-five houses to be built by Baird in Richmond, Indiana, progressed. The construction contract for these houses provided that in consideration for the payment into escrow of the funds referred to, Aluminum was to have rental preferences for the benefit of its employees.
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