MacDonnell v. McConville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bernard McOonville, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the Office of the clerk of the county of New York on the 3d day of February, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of January, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for malicious prosecution and false arrest. At the trial the complaint was' dismissed, so far as a recovery was sought for malicious prosecution, and submitted to the jury to determine the damages sustained by the plaintiff for the arrest. The plaintiff had a verdict for $2,000, which was reduced to $1,000, and'from a judgment entered thereon this appeal is taken, as well as from an order denying a motion for a new trial.
The material facts involved are not disputed and are as follows: On November 30, 1908, between twelve and one…
2Cases cited3 opinions
- Snead v. . BonnoilNew York Court of Appeals · 1901
- Bradner v. . FaulknerNew York Court of Appeals · 1883
- Murphy v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Pawloski v. StateNew York Court of Claims · 1965
- Warner v. StateNew York Court of Claims · 1947
- Brecka v. StateNew York Court of Claims · 1958