Brodzinsky v. Brumberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David Brümberg, from a judgment of the County Court of Erie county in favor of the plaintiff, entered in the office of the clerk of said county on the 10th day of June, 1916, upon the verdict of a jury for eighty-seven dollars and fifty cents, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, P. J.:
The action is for malicious prosecution. The defendant had the plaintiff arrested upon a charge of petit larceny. Upon the trial the plaintiff here was found not guilty and was discharged. He contends that the prosecution was malicious and without probable cause. The trial court submitted both questions to the jury and the plaintiff had a verdict. The defendant appeals.
I think both questions were for the jury upon the evidence,' but the trouble arises over the charge to the jury.
The defendant is a physician in the city of Buffalo. His family own a house located across the street…
2Cases cited3 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Galley v. . BrennanNew York Court of Appeals · 1915
- McCarthy v. BarrettAppellate Division of the Supreme Court of the State of New York · 1911