Francisco v. Schmeelk
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry W. Schmeelk, Jr., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 3d day of December, 1912, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the same day, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Stapleton, J.:
The plaintiff recovered judgment, entered upon a verdict of a jury, for damages for malicious prosecution.
The prosecution was for the larceny of clams alleged in the criminal action to have been planted in a bed under the public waters of Jamaica bay.' The evidence upon the trial ■ of this action established the facts: That clams do not grow naturally in the waters of that bay; that the defendant was a lessee, entitled to the exclusive right to. plant clams in a circumscribed area of the lands under the waters of the bay; that he did plant clams, and that on the 11th day of…
2Cases cited9 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Burt v. . SmithNew York Court of Appeals · 1905
- Burt v. PlaceNew York Supreme Court · 1830
- Short & Co. v. Spragins, Buck & Co.Supreme Court of Georgia · 1898
- People v. . MorrisonNew York Court of Appeals · 1909
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3Cited by5 opinions
- Goldner-Siegel Corp. v. Kraemer Hosiery Co.New York Supreme Court · 1934
- Gelles v. RosenbaumNew York Supreme Court · 1931
- Linitzky v. GormanCity of New York Municipal Court · 1914
- Reiss v. LevyAppellate Division of the Supreme Court of the State of New York · 1914
- Van Buren v. Ford, New York County Courts1947