Seneca v. Colvin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ellis Colvin, from a judgment of the County Court of Erie county, entered in the office of the clerk of said county on the 8th day of June, 1916, upon the verdict of a jury for $250, and also from an order entered in said clerk’s office on or about the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, P. J.:
The plaintiff has recovered a judgment for false imprisonment. The defendant, a justice of the peace, committed him in default of bail to the Erie county jail to await the action of the grand jury, upon a charge of robbery and assault in the second degree, after an examination had before the justice. The grand jury failed to indict the plaintiff and he was discharged. The trial court held that the imprisonment was unlawful and the only question submitted to the jury was whether the defendant acted maliciously.
Plaintiff concedes that he committed the assault, but contends that…
2Cases cited4 opinions
- Lange v. . BenedictNew York Court of Appeals · 1878
- Handshaw v. ArthurAppellate Division of the Supreme Court of the State of New York · 1896
- Handshaw v. ArthurNew York Supreme Court · 1895
- Kraft v. de VerneuilAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- Karelas v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1932
- Bardascini v. ReedyAppellate Division of the Supreme Court of the State of New York · 1976
- Doran v. SavocaNew York Supreme Court · 1963
- Bienenstock v. McCoyNew York Supreme Court · 1949
- Kellan v. McLean, New York County Courts1923
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