Legal Opinion

McCarthy v. Barrett

Appellate Division of the Supreme Court of the State of New York

Decided May 19, 1911PublishedCited by 4 opinions

Appeal by the defendant, William M. Barrett, as president, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 14th day of May, 1910, upon the verdict of a jury for $2,000, and also .from an order entered-in said clerk’s office on the 17th day of May, 1910, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Carr, J.:

The defendant appeals from a judgment'against him, entered-upon a verdict of a jury in an action tried- in the Supreme Court in Queens county, brought to recover1 damages for an alleged malicious prosecution. An order of the trial court denying a motion for a new trial is likewise brought up for review. This action was here before, and a judgment in favor of the plaintiff was reversed by this court because of error in the charge of the trial court. (McCarthy v. Weir, 113 App. Div. 435.) The action was brought originally for both a false imprisonment and a malicious prosecution, but…

2Cases cited3 opinions

  1. Fagnan v. . KnoxNew York Court of Appeals · 1876
  2. Francis v. TilyouAppellate Division of the Supreme Court of the State of New York · 1898
  3. McCarthy v. WeirAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by4 opinions

  1. Foulke v. New York Consolidated RailroadAppellate Division of the Supreme Court of the State of New York · 1917
  2. Godfrey v. Medical SocietyAppellate Division of the Supreme Court of the State of New York · 1917
  3. Galley v. BrennanAppellate Division of the Supreme Court of the State of New York · 1913
  4. Brodzinsky v. BrumbergAppellate Division of the Supreme Court of the State of New York · 1916

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