Bregman v. Kress
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, August Kress and another, doing business under the name of August Kress & Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th day of December, 1902, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the defendants’ demurrer to the second cause of action in the plaintiff’s amended complaint.
1Opinion of the Court
Jenks, J.:
The sole question is whether, upon demurrer to a complaint for malicious prosecution, the allegation that defendant, before a magis*2trate, “ falsely and maliciously and without just cause or provocation charged the plaintiff,” etc., is a good plea that the prosecution was begun without probable cause. Against the demurrer the pleading will be deemed to allege whatever can be fairly and reasonably implied. (Kain v. Larkin, 141 N. Y. 144; Greeff v. Equitable Life Assurance Soc., 160 id. 29.) In Coatsworth v. Lehigh Valley R. Co. (156 N. Y. 451, 457), the court, per Martin, J., say : “…
2Cases cited6 opinions
- Kain v. . LarkinNew York Court of Appeals · 1894
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Jones v. FruinNebraska Supreme Court · 1889
- Martin v. . GageNew York Court of Appeals · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. LangfordOregon Supreme Court · 1918
- In re the Acquisition of Lands for the Purpose of a Municipal GarageNew York Supreme Court · 1930
- Smith v. Vara, New York County Courts1930