Mali v. . Lord
New York Court of Appeals
Action to recover damages for an alleged illegal arrest and imprisonment of the Plaintiff by the Defendants, and compelling her to submit to be searched for the discovery of a dress, claimed to have been stolen by the Plaintiff from the Defendants, and concealed upon her person. The answer in substance denied the complaint.
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Action to recover damages for an alleged illegal arrest and imprisonment of the Plaintiff by the Defendants, and compelling her to submit to be searched for the discovery of a dress, claimed to have been stolen by the Plaintiff from the Defendants, and concealed upon her person. The answer in substance denied the complaint. Upon trial of the issue before a jury, it was proved that the Defendants were partners in the mercantile business in Hew York, and had three stores in which goods were kept for sale, one of which was upon Grand Street; that at this store they employed a large number of…
1Opinion of the CourtGrover, J.
The question whether the Plaintiff was detained and searched against her will, was conclusively settled in her favor by the verdict. The evidence fully warranted the submission of this question to the jury. There was no prosecution against the Plaintiff' instituted. Calling in the policeman, and informing him of the suspicion entertained against the Plaintiff, and of the facts upon which it was grounded, had not the semblance of a criminal prosecution, and, consequently, whether these and the subsequent acts were done in good faith on the part of the superintendent, or maliciously, was only…
2Cases cited3 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Wager v. . Troy Union Railroad CompanyNew York Court of Appeals · 1862
3Cited by61 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Daniel v. RailroadSupreme Court of North Carolina · 1904
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Penn Central Transportation Co. v. ReddickDistrict of Columbia Court of Appeals · 1979
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