Leavitt v. Gushee (1855) · DecisionDepot

Leavitt v. Gushee

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1855Published

Before: Heydenfeldt

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Holding. In an action for conspiracy to obtain a favorable compromise of suits, the plaintiff must prove that the parties acted with a shared intention and agreement to achieve that end, rather than merely showing the suits lacked legal grounds.

Issues

Whether a lack of legal grounds for a suit is sufficient to prove a conspiracy to obtain a favorable compromise.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“In an action charging conspiracy to obtain a favorable compromise of suits about to be commenced, it is not sufficient merely to show that there were no grounds to warrant the suits.”

“It ought in addition to be proved that the intention of the parties was unfairly directed to the attainment of such an end by understanding and agreement between them, which may be shown either by their words or acts.”

Synopsis

In an action charging conspiracy to obtain a favorable compromise of suits about to be commenced, it is not sufficient merely to show that there were no grounds to warrant the suits. It ought in addition to be proved that the intention of the parties were unfairly directed to the obtainment of such an end, by understanding and agreement between them, which may be shown either by their words or acts.

Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., concurred.

[153]In an action charging conspiracy to obtain a favorable compromise of suits about to be commenced, it is not sufficient merely to show that there were no grounds to warrant the suits. It ought in addition to be proved that the intention of the parties was unfairly directed to the attainment of such an end by understanding and agreement between them, which may be shown either by their words or acts.

If this was not the correct rule, then it would often happen that parties who were unwisely advised by their own friends or counsel, would avoid the deliberate and complete adjustment of controversies at law. It is the policy of the law not to encourage such results.

Judgment affirmed.

Leavitt v. Gushee

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