Staub v. Van Benthuysen

The opinion of the Conrt was delivered by

Manning, J.

This suit is for the recovery of five thousand dollars as damages for a malicious prosecution. The defendant made affidavit before one of the recorders of the City that the plaintiff had wilfully and maliciously defamed Mm by publishing, selling, and distributing a newspaper called 'The Mascot,’ tending to provoke him to wrath and expose him'to contempt and ridicule. The plaintiff, having been arrested under tbis affidavit, was discharged by tbe Recorder oh tbe ground that the publication was not malicious.

Tbe allegations are that the…