McCarthy v. Weir
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Levi C. Weir, as president of the Adatns Express Company, from a judgment of the Supreme Court in-favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 27th day off June, 1905, upon the verdict. - of a jury, and &lso from an order entered in said clerk’s, office on the •12th day of June, 1905, denying the defendant’s motion for a new trial-made upon, the minutes.
1Opinion of the Court
Jenks, J.:
The action is. for -false 'imprisonment and malicious prosecution upon a criminal charge of grand larceny. J At the close of the plain? tiff’s case the court, dismissed his cause of action for false, imprison- ' ment, but finally submitted that for malicious prosecution to the jury, who found for the plaintiff.
The learned trial court cjiarged the jury, “ The basis of an action of this-kind is malice,”-and after defining malice, it continued: “The law says that "where-a prosecution such as. this has been initiated -by a citizen-and it termipates favorably to the person proceeded…
2Cases cited1 opinion
- Vanderbilt v. MathisThe Superior Court of New York City · 1856
3Cited by4 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Linitzky v. GormanCity of New York Municipal Court · 1914
- McCarthy v. BarrettAppellate Division of the Supreme Court of the State of New York · 1911
- Baumstein v. RothkrugAppellate Division of the Supreme Court of the State of New York · 1924