Weinstein v. Gelishansky
Superior Court of Pennsylvania
Appeal, No. 64, Oct. T., 1916, by defendant, from judgment of Municipal Court, Philadelphia Co., Oct. T., 1916, No. 178, on verdict for plaintiff in case of Joseph Weinstein v. Alex. Gelishansky. Trespass for malicious prosecution. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $90. Defendant appealed.
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Appeal, No. 64, Oct. T., 1916, by defendant, from judgment of Municipal Court, Philadelphia Co., Oct. T., 1916, No. 178, on verdict for plaintiff in case of Joseph Weinstein v. Alex. Gelishansky. Trespass for malicious prosecution. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $90. Defendant appealed. Errors assigned were in the following form: 1. The learned court erred in refusing to affirm defendant's seventh, eighth and ninth points, which were as follows: “(a) More than a mere dismissal by the justice of the peace must be proved and that,…
1Opinion of the Court
Opinion by
Williams, J.,
In an action of malicious prosecution the evidence was that the parties were junk dealers, operating independently; that in April or May of 1915 they went out in Weinstein’s wagon to buy junk and stopped at the place of business of William E. Supplee, who offered to sell a lot of empty bottles. Weinstein agreed to buy them for $10. Gelishansky, upon the request of Weinstein, gave Supplee $5 on account of the purchase, and about two weeks later Weinstein returned, paid the balance, took the bottles away and sold them. Subsequently, Gelishansky, claiming he had bought…
2Cases cited7 opinions
- MacDonald v. SchroederSupreme Court of Pennsylvania · 1906
- Kinsey v. WallaceCalifornia Supreme Court · 1868
- Ruffner v. HooksSuperior Court of Pennsylvania · 1896
- Ritter v. EwingSupreme Court of Pennsylvania · 1896
- Squires v. JobSuperior Court of Pennsylvania · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Drake v. EmhoffSuperior Court of Pennsylvania · 1941
- Matsinger v. ArzoomaniaSuperior Court of Pennsylvania · 1926