Vanduzor v. Linderman
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Linderman sued Vandusor, before the justice, and declared against him for the loss of the service of his son, whilst defending a certain suit, brought against him by Vandusor; and for money paid by Linderman, in behalf of his son, in and about defending the same suit, &c. There was a trial by jury, and a verdict for the plaintiff, for three dollars, on which the justice gave judgment.
1Per curiam
No action lies merely for bringing a suit against a person without sufficient ground. (Savil v. Roberts, 1 Salk. 13. Purton v. Honnor, 1 Bos. Sr Pull. 205.) To sustain a suit for a former prosecution, it must appear to have been without cause, and malicious: and an action for malicious prosecution is not cognisable before a justice.
Judgment reversed.
2Cited by13 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- McKown v. . HunterNew York Court of Appeals · 1864
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Sachs v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1924
- Miller v. MilliganNew York Supreme Court · 1866
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