Miller v. Preston, 174
Md. 302
OVERVIEW: The plaintiff brought suit against the defendants, several individuals and
corporate entities, claiming that the defendants conspired to impoverish the plaintiff financially and
to ruin the plaintiff's financial standing, as well as his reputation and credit in the financial world.
After the trial court entered judgment in favor of the defendants, the plaintiff appealed. In affirming,
the court concluded that plaintiff's claims could not prevail where he failed to allege that the
defendants had committed any unlawful acts that resulted in the failure of the plaintiff's company.
Plaintiff had no right of action because the acts allegedly perpetrated by the conspirators were not
unlawful. It made no difference what the defendants' motives might be in conspiring against the
plaintiff if their acts were not unlawful.
Appellate Court Records:
COURT OF APPEALS (Opinions) Miller v. Preston, 1938, Jan.
Term, no. 46, MdHR 8899-4 [MSA S393-238, 1/65/14/87].
COURT OF APPEALS (Records and Briefs) Miller v. Preston,
1938, Jan. Term, no. 46 [MSA S1733-1013, 1/66/3/166].
Trial Court Records:
BALTIMORE CITY SUPERIOR COURT (Cases Instituted) Miller
v. Preston, et al., 1933, SCL no. 2, pps. 699, 961, "box 365," MdHR 50,336-133 [MSA C1497-134, 2/16/13/23].
BALTIMORE CITY SUPERIOR COURT (Court Papers) Miller v.
Preston, et al., 1933, "box 365," box no. 122 [MSA T51-180, 2/21/6/2].
Scanned as msaref 5458-51-4459
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