White v. Dingley (Mass. 1808). · Go Syfert
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White v. Dingley (Mass. 1808). Book View Copy Cite
21 citation events (1 in the last 25 years) across 13 distinct courts.
Strongest positive: Glynn v. Moran, 54 N.E. 535 (Mass. 1899)
Treatment trajectory · 1937 → 2026 · click a year to view as-of
1937 1981 2026
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At page 435 holding “[n]o action, by the common law, lies for damages sustained by suing a civil action, when the plaintiff fails, unless it be alleged and shown to be malicious, and without probable cause1 citing case1 citing court put it this way
  • Deshawn Gervin v. Pamela Florence, 139 F.4th 1236 (11th Cir. 2025).published
    (holding “[n]o action, by the common law, lies for damages sustained by suing a civil action, when the plaintiff fails, unless it be alleged and shown to be malicious, and without probable cause)
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Harry White versus Nathaniel B. Dingley
Massachusetts Supreme Judicial Court.
May 15, 1808.
Published opinion
Wilde, for the plaintiff,, Mellen, for the defendant,
Parsons.
Cited by 21 opinions  |  Published

The opinion of the Court was afterwards delivered by

Parsons, C. J.

We are satisfied that this action cannot be maintained. The forfeiture of the debt is not in the nature of a penalty, but is a liquidation of the damages to be paid in case of a breach of the covenant on the part of the creditor. The parties have made their contract, and we have no authority to alter it, or to make another for them in its stead.

No action, by the common law, lies for damages sustained by suing a civil action, when the plaintiff fails, unless it be alleged and shown to be malicious, and without probable cause.

Defendant’s plea good.