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 (mass, 1899-09-07)
Treatment trajectory · 1937 → 2026 · click a year to view as-of
1937 1981 2026
Top citers, strongest first. 3 distinct citers.
cited Cited "see" Glynn v. Moran
Mass. · 1899 · signal: see · confidence high
See White v. Dingley, 4 Mass. 433 ; Pierce v. Fuller, 8 Mass. 223 ; Chase v. Allen, 13 Cray, 42; Lynde v. Thompson, 2 Allen, 456 ; Cushing v. Drew, 97 Mass. 445 .
discussed Cited "see, e.g." Deshawn Gervin v. Pamela Florence
11th Cir. · 2025 · signal: see, e.g. · confidence medium
See, e.g., White v. Dingley, 4 Mass. 433, 435 (1808) (holding “[n]o action, by the common law, lies for damages sustained by su- ing a civil action, when the plaintiff fails, unless it be alleged and shown to be malicious, and without probable cause”).
cited Cited "see, e.g." Culp v. Fisher
Pa. · 1833 · signal: see also · confidence low
See also White v. Dingley, 4 Mass. 433 ; Upham v. Smith, 7 Mass. 265 ; Sewall v. Sparrow, 16 Mass. 24 .
Harry White versus Nathaniel B. Dingley
Massachusetts Supreme Judicial Court.
May 15, 1808.
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.