Legal Opinion

McMorris v. Howell

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1903PublishedCited by 5 opinions

'Appeal, by the defendant, Harri M. Howell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office ■of the clerk of the county of Suffolk on the 25th day of October, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of November, 1902, denying the ■defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

WoODWABD, J. :

The defendant appeals from a judgment, entered on the verdict of a jury, awarding the plaintiff damages in the sum of $500 and. costs, for two alleged malicious prosecutions and one false imprisonment by the defendant; and also from an order denying the defendant’s motion for a new trial.

In the month of March, 1901, John J. Welstead and James E. Jennings were both claiming title to a certain building at Southampton ; the former under á deed delivered to him in March, 1899, by one Read, and the latter under a tax deed from the county treasurer, dated November 14,1900. The…

2Cases cited5 opinions

  1. Wass v. . StephensNew York Court of Appeals · 1891
  2. Carl v. . AyersNew York Court of Appeals · 1873
  3. Vanderbilt v. MathisThe Superior Court of New York City · 1856
  4. Farnam v. . FeeleyNew York Court of Appeals · 1874
  5. People ex rel. Niles v. SmithNew York Supreme Court · 1857

3Cited by5 opinions

  1. State v. TulloSupreme Judicial Court of Maine · 1976
  2. Pawloski v. StateNew York Court of Claims · 1965
  3. Nappi v. KappelerNew York Supreme Court · 1983
  4. Diad v. ShibleyNew York Supreme Court · 1906
  5. People v. Baldwin, New York County Courts1911

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