Anderson v. . How
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 24,1886, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting-the plaintiff bn trial. The nature of the action and the material facts appear in the opinion. Intent is the essence of every crime; and in order to constitute malicious mischief there must be a destruction of or injury to property out of mere wantonness and malice.
Read the full summary
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 24,1886, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting-the plaintiff bn trial. The nature of the action and the material facts appear in the opinion. Intent is the essence of every crime; and in order to constitute malicious mischief there must be a destruction of or injury to property out of mere wantonness and malice. (43 Ala. 330 ; 44 id. 380; 72 N. C. 201; 110 Mass. 401; People v. Williams, 24 How. 350; Wait v. Green, 5 Park. 185; Johnson v. Ebberts,…
1Opinion of the CourtPotter, J.
This is an appeal from the judgment of the General Term of the City Court of Brooklyn, affirming a judgment dismissing the complaint upon the trial of the action. The action was to recover damages for the malicious proseeu tion and arrest of plaintiff by the defendant. The arrest of the plaintiff was made under a warrant issued upon the application and affidavit of defendant made March 16, 1885, charging the plaintiff with having willfully and maliciously broken the water-closet in a stable on Vanderbilt avenue, between De Kalb and Willoughby avenues, in the city of Brooklyn. Upon the trial…
2Cases cited6 opinions
- Carl v. . AyersNew York Court of Appeals · 1873
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Commonwealth v. WilliamsMassachusetts Supreme Judicial Court · 1872
- Foshay v. FergusonNew York Supreme Court · 1846
- Thaule v. . KrekelerNew York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Wass v. . StephensNew York Court of Appeals · 1891
- State v. OsbeySupreme Court of Kansas · 1973
- Louis Pizitz Dry Goods Co. v. Fidelity & Deposit Co.Supreme Court of Alabama · 1931
- State v. RobersonSupreme Court of Kansas · 1972
39 more not listed; retrieve them via the Exa API.