Kashare v. Robbins
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Isadore ICashare against Jacob Robbins. From a judgment for plaintiff, and from an order denying defendant’s motion for a new trial, he appeals. Reversed, and new trial ordered.
1Opinion of the CourtLehman, J.
The plaintiff charges that the defendant, maliciously and without reasonable and probable cause, charged him with the crime of larceny before a magistrate, and applied to and procured from the magistrate a summons requiring the plaintiff to answer to that charge; that the defendant caused said summons to be issued and be served upon the plaintiff; and that, upon the appearance of the plaintiff, the magistrate discharged the plaintiff after hearing the testimony produced. The record in this case is sufficient to show that the defendant# without probable cause, accused the plaintiff of the…
2Cases cited3 opinions
- Dennis v. . RyanNew York Court of Appeals · 1875
- Thaule v. . KrekelerNew York Court of Appeals · 1880
- Siefke v. SiefkeAppellate Division of the Supreme Court of the State of New York · 1896