Worden v. . Davis
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Gourt in the fourth judicial department, entered January 14, 1908, affirming a judgment for nominal damages in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The rejection of plaintiff’s evidence as to damages was erroneous. (Green v. Davis, 83 App.
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Appeal from a judgment of the Appellate Division of the Supreme Gourt in the fourth judicial department, entered January 14, 1908, affirming a judgment for nominal damages in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The rejection of plaintiff’s evidence as to damages was erroneous. (Green v. Davis, 83 App. Div. 216; Murphy v. Eidlitz, 113 App. Div. 659; Roberts v. Johnson, 58 N. Y. 613; April v. Baird, 32 App. Div. 226; Shea v. M. Ry. Co., 29 N. Y. S. R. 313;…
1Opinion of the CourtHiscock, J.
While it is possible that the complaint in this action originally might have been construed as setting forth a cause of action for malicious prosecution as well as for false imprisonment as claimed by appellant, in view of the position taken by him at the Trial Term I think that the questions presented on this appeal must now be determined by principles applicable to an action of the latter kind.
By the procurement and at the instigation of the other respondents, the respondent Davis, as city judge of the city of Borne, issued a warrant for the apprehension and arrest of the appellant. For…
2Cases cited5 opinions
- Dusenbury v. . KeileyNew York Court of Appeals · 1881
- Bonesteel v. BonesteelWisconsin Supreme Court · 1871
- Bonesteel v. BonesteelWisconsin Supreme Court · 1872
- Strang v. WhiteheadNew York Supreme Court · 1834
- People v. HarberAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by20 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Mayflower Industries v. Thor Corp.New Jersey Superior Court Appellate Division · 1951
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Pugach v. KleinDistrict Court, S.D. New York · 1961
- Bolger v. United StatesDistrict Court, S.D. New York · 1960
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