Neil v. . Thorn
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made February 11, 1879, which reversed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the -material facts are stated in the opinion. The getting of the money on the order of one of the trustees did not make out the crime of getting money by false pretenses.
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Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made February 11, 1879, which reversed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the -material facts are stated in the opinion. The getting of the money on the order of one of the trustees did not make out the crime of getting money by false pretenses. (3 F. S. [6th ed.] 948, § 58; Rainey v. The People, 22 N. Y. 417; People v. Tompkins, 1 Park. Cr. Cas. 238.) There was no probable cause for the arrest and prosecution of the plaintiff for obtaining…
1Opinion of the CourtDanforth, J.
The action was to recover damages for malicious prosecution and imprisonment upon a false charge. The claimá seem to be woven together in the complaint, but there was no demurrer (§ 144, Old Code, suld. 5) or application to strike out any part as irrelevant or redundant, if either would have availed, nor, was the attention of the trial judge called thereto until after he had submitted the case to the jury. It was then too late (§ 148, Old Code). They are founded upon the same transaction. As the plaintiff, in substance states it, the defendants, maliciously intending to injure, brought him…
2Cases cited7 opinions
- Besson v. . SouthardNew York Court of Appeals · 1851
- Stevens v. . BrennanNew York Court of Appeals · 1879
- Jackson ex dem. Lowell v. ParkhurstNew York Supreme Court · 1830
- Forrest v. ForrestThe Superior Court of New York City · 1856
- Bedell v. PowellNew York Supreme Court · 1852
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- Johnson v. GirdwoodNew York Court of Common Pleas · 1894
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1897
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