Fagnan v. Knox
The Superior Court of New York City
Appeal by the defendant from an order denying a motion for a new trial and from a judgment. The facts sufficiently appear in the opinion.
1Opinion of the Court
By the Court.—Curtis, J.
In order to maintain this action, it devolves upon the plaintiff to establish that there was a want of probable cause for the criminal prosecution of which he complains, and that this prosecution on the part of the defendant was malicious.
When the facts are undisputed, or when they fail to show a want of probable cause, a question of law arises, which it comes within the province of the court to decide. But when there is conflicting evidence as to the matters insisted upon as constituting a want of probable cause, and the facts are in dispute, then it is for the jury…
2Cases cited6 opinions
- Burt v. PlaceNew York Supreme Court · 1830
- Burhans v. Sanford & BrownNew York Supreme Court · 1838
- Murray v. LongNew York Supreme Court · 1828
- Sheldon v. . CarpenterNew York Court of Appeals · 1851
- Hewlett v. . WoodNew York Court of Appeals · 1873
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