Lewis v. Kahn
New York Court of Common Pleas
Appeal from trial term. Action by Bannert Lewis against Bernhard Kahn and Martin F. Philbin for false imprisonment. The defendant Kahn kept a tailor-shop and store two ■doors from the plaintiff, and did the work for the police officers in that precinct.
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Appeal from trial term. Action by Bannert Lewis against Bernhard Kahn and Martin F. Philbin for false imprisonment. The defendant Kahn kept a tailor-shop and store two ■doors from the plaintiff, and did the work for the police officers in that precinct. Something was thrown at Kahn’s window, and broke a pane of glass, whereupon he came out and rushed over to plaintiff’s, and grabbed hold of ■one of plaintiff’s workmen, who was outside the entrance carrying in some of the goods preparatory to closing the store, and claimed that he threw the stone. The workman released himself, and Kahn went…
1Opinion of the Court
Larremore, O. J.
With regard to the defendant Kahn’s individual relation to the arrest the case seems to have been properly presented to the jury. But we think error was committed in that portion of the judge’s charge relating to defendant Philbin, which will render a new trial necessary. Undoubtedly Philbin was brought to the scene of the arrest by Kahn, and he (Philbin) avers that, although he entered the plaintiff’s premises, he did so with the permission of plaintiff’s wife. Philbin further testifies that after he came out on the sidewalk again plaintiff and his wife applied opprobrious…
2Cases cited1 opinion
- McIntyre v. RadunsThe Superior Court of New York City · 1880
3Cited by1 opinion
- Farrell v. FriedlanderNew York Supreme Court · 1892