Henderson v. Jackson
The Superior Court of New York City
Appeal from an order overruling a demurrer. This action was brought by Isabella Henderson, plaintiff and respondent in the present appeal, against Eugene Jackson, defendant and appellant. Another action, brought at the same time by Mary Moneypenny against the same defendant, came before the court at the same time, upon a similar appeal.
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Appeal from an order overruling a demurrer. This action was brought by Isabella Henderson, plaintiff and respondent in the present appeal, against Eugene Jackson, defendant and appellant. Another action, brought at the same time by Mary Moneypenny against the same defendant, came before the court at the same time, upon a similar appeal. The complaint alleged that “the defendant, on or about August 14, 1869, by himself and his servants and agents, arrested and imprisoned the plaintiff against her will, and put her in charge of a police officer, and forced and obliged her to go along the public…
1Opinion of the Court
By the Court.*—Monell, J.
The facts stated in the complaint, if separated, are sufficient to constitute two causes of action.
The facts first stated, constitute a cause of action for a false imprisonment; and those secondly stated, constitute a cause of action for a malicious prosecution.
But the facts thus first and secondly stated are so blended and run into each other as to constitute the narration of an entire transaction, commencing with an illegal arrest, followed by a false and malicious charge, and concluded by a further imprisonment.
The damages sought to be recovered are for a false…
2Cases cited4 opinions
- Anderson v. HillNew York Supreme Court · 1869
- Cheney v. FiskNew York Supreme Court · 1860
- Blanchard v. StraitNew York Supreme Court · 1853
- Lord v. VreelandNew York Supreme Court · 1861
3Cited by1 opinion
- Zrskowski v. MachSuperior Court of Buffalo · 1895