Davis v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank W. Smith, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of August, 1923, upon the verdict of a jury for $3,000, reduced by consent to $1,500, and also from an order entered in said clerk’s office on the 7th day of August, 1923, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Martin, J.:
The plaintiff asserts that on or about November 12, 1920, the defendant maliciously and without reasonable or probable cause, charged him before one of the city magistrates in the city of New York with the crime of larceny, in having stolen certain moneys from the defendant. At that time he was in the employ of the defendant as a driver. His duty was to deliver butter and eggs to defendant’s customers and to collect therefor. On February 9, 1920, he commenced work, but was discharged during the month of May, 1920. When he entered the employment of the defendant, he was required to…
2Cases cited4 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Halsey v. New York Society for the Suppression of ViceNew York Court of Appeals · 1922
- Macauley v. Theodore B. Starr, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- Anderson v. DyerAppellate Division of the Supreme Court of the State of New York · 1919