Thorne v. . Turck
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 7, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The complaint in this action contained two counts, one for false imprisonment, the other for malicious prosecution.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 7, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The complaint in this action contained two counts, one for false imprisonment, the other for malicious prosecution. The facts appearing are substantially as follows: In the evening of October 29, 1880, a person called at the defendant’s residence in Hew York city, stating that there had been an accidental explosion at the Eepauna Chemical Works in Hew Jersey,…
1Opinion of the CourtMiller, J.
The complaint in this action alleges two causes of action. First, for false .imprisonment in procuring plaintiff ’s arrest without a warrant for the alleged offense of stealing and carrying away money of this defendant by trick and device; Second, for malicious prosecution in preferring a charge for' the same offense.
There was sufficient proof upon the trial to establish the fact that the plaintiff was illegally arrested without a warrant, and we think there was no error in the refusal of the judge‘to dismiss the complaint as to this cause of action. The motion to dismiss was based upon the…
2Cases cited2 opinions
- Loomis v. . PeopleNew York Court of Appeals · 1876
- Fassett v. . SmithNew York Court of Appeals · 1861
3Cited by21 opinions
- People v. KoerberNew York Court of Appeals · 1926
- United States v. CraigUnited States Court of Military Appeals · 1953
- Linn v. ReidWashington Supreme Court · 1921
- State ex rel. v. WilliamsOregon Supreme Court · 1904
- Fay v. MuhlkerNew York Court of Common Pleas · 1892
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