Hopner v. . McGowan
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 17, 1886, which affirmed a judgment in favor of defendant, entered on a verdict directed by the court. The nature of the action and the facts are sufficiently stated in the opinion. The plaintiff’s incarceration was due to the conduct and assumed authority of the defendant.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 17, 1886, which affirmed a judgment in favor of defendant, entered on a verdict directed by the court. The nature of the action and the facts are sufficiently stated in the opinion. The plaintiff’s incarceration was due to the conduct and assumed authority of the defendant. (Green v. Kennedy, 46 Barb. 16 ; 48 N. Y. 653.) The defendant held no official position giving him any right or power in the premises to interfere with the plaintiff’s person or liberty which could…
1Opinion of the CourtBradley, J.
The action was brought to recover damages for alleged false imprisonment.
The plaintiff was arrested without warrant by a member of the police force of the city of ISTew York, and taken into the Fifth District Police Court, in which defendant was assistant of the clerk. The defendant and the police justice of the court testified that the latter was then engaged in the consideration of some other case before him. The plaintiff, with one Graham, who, under the direction of the police officer, accompanied him to the court, was taken to the desk of the defendant, in the court-room, who proceeded…
2Cases cited1 opinion
- Green v. KennedyNew York Supreme Court · 1866
3Cited by8 opinions
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- Lemel v. SmithNevada Supreme Court · 1947
- Grago v. VasselloNew York Supreme Court · 1940
- Knickerbocker Steamboat Co. v. CusackCourt of Appeals for the Second Circuit · 1905
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