Morris Coen and Helen Coen, Bankrupts-Appellees v. William Zick, Creditor-Appellant. Morris Coen and Helen Coen, Cross-Appellants v. William Zick

This is an appeal from a judgment of the district court which affirmed an order of the Referee in Bankruptcy discharging, in part, a debt of the bankrupt resulting from a judgment of the Superior Court of the State of Arizona. Jurisdiction of this court is based upon 28 U.S.C. § 1291 .

Prior to November 23, 1965, William Zick had been a tenant occupying premises in which Zick operated a restaurant business. On November 23, 1965, Zick filed a complaint against Coen alleging wrongful eviction and conspiracy to force plaintiff to vacate. He sought both compensatory and punitive damages. The single count complaint charged that the defendants “acted willfully and maliciously without regard for the rights and feelings of the Plaintiff, and with the intent of harassing Plaintiff and forcing him to vacate the premises. . . . ”

The court was asked to and did instruct the jury that it could award compensatory and punitive damages only if the jury found that the defendant wrongfully evicted the plaintiff and that the wrongful eviction was “intentional, wilful and wanton.”

The jury returned a verdict in favor of the plaintiff and assessed compensatory damages in the sum of $10,000 and…