This section contains the nature of the case and procedural background.

Jordan Marsh Co. (D) sold goods on credit to George's (P) son. After the sale, D, through its agents, harassed P and caused P emotional distress. The acts included telephone calls late at night, repeated mailings stating 'collection department,' letters claiming that credit was revoked, and 'numerous other dunning tactics.' These acts caused P 'great mental anguish and emotional distress as intended by D,' and as a result, P's health deteriorated, and P suffered a heart attack. P's attorney requested that D stop its actions. However, D did not stop, and P suffered a second heart attack. P sued D for intentional infliction of emotional distress. The action was dismissed since there was no action allowed for emotional distress even if accompanied by physical injury. The court would only allow recovery if the injury was claimed as a part of a separately recognized tort. P appealed the Superior Court judge's order sustaining D's demurrer.

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