Bird v. Post

Headnote

Actions—Joinder oe Causes—Malicious Prosecutions.

A complaint alleged that defendants conspired to destroy the business of plaintiff, and that in pursuance of the conspiracy- they wrongfully brought numerous criminal prosecutions against plaintiff and instituted civil actions against him. Held, that the conspiracy alleged created no cause of action, and that the overt acts pleaded as the result of the conspiracy were separate torts, which could not be united in one complaint.

Appeal from Special Term.

Action by Hobart S. Bird against Regis H. Post and others. From an interlocutory judgment sustaining a demurrer to the complaint, plaintiff appeals. Affirmed.

This is an action against officials, past and present, of Porto Rico, for damages. The complaint alleged that plaintiff owned and controlled a newspaper in Porto Rico; that defendants conspired to destroy his property and obtain possession of it, and to drive him from the island; that pursuant to the conspiracy, and as a part thereof, defendants wrongfully instituted numerous criminal proceedings against plaintiff for alleged violations of the Spanish and American Penal Code, alleged to be in force in the island, and brought civil actions for libel; that plaintiff’s property was destroyed and acquired by defendants ; and that plaintiff was driven from the island and compelled to remain away.

The following is the opinion at Special Term of Justice William J. Kelly on sustaining demurrers:

“Whatever may be my own views as to the sufficiency of the complaint, the demurrers must be sustained on the authority of Green v. Davies, 182 N. T. 499, 75 N. E. 586 . Under that decision the alleged conspiracy creates no cause of action, and the overt acts pleaded as the result of the conspiracy constitute separate torts, which cannot be united in one complaint. Demurrers sustained, with costs.”