Fay v. . O'Neill
New York Court of Appeals
Appeal from the Supreme Court. The action was for false imprisonment and malicious prosecution. On the trial, before Mr. Justice Sutherland, at the New York Circuit, it appeared that the Plaintiff was arrested and imprisoned on a warrant procured by the Defendant, charging him with the crime of perjury. The Defendant subsequently abandoned the prosecution, and the Plaintiff was discharged by the magistrate.
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Appeal from the Supreme Court. The action was for false imprisonment and malicious prosecution. On the trial, before Mr. Justice Sutherland, at the New York Circuit, it appeared that the Plaintiff was arrested and imprisoned on a warrant procured by the Defendant, charging him with the crime of perjury. The Defendant subsequently abandoned the prosecution, and the Plaintiff was discharged by the magistrate. The charge was not brought before the Grand Jury, and the Defendant admitted that he did not intend to proceed further in the matter. Evidence was given, on the part of the Plaintiff,…
1Opinion of the Court
The objection by defendant to the question put by plaintiff's counsel to the plaintiff, as a witness, "was what you swore to on that occasion true?" was properly overruled. The malicious arrest of the plaintiff by the procurement of the defendant, for the crime of perjury alleged to have been committed by the plaintiff upon a trial in the Marine Court, is the ground of the action. The "occasion" referred to in this question was the trial in the Marine Court.
There can be no doubt that the question of the plaintiff's guilt or innocence of the charge made against him was involved in the case,…
2Cases cited2 opinions
- Burhans v. Sanford & BrownNew York Supreme Court · 1838
- Secor v. BabcockNew York Supreme Court · 1807
3Cited by19 opinions
- Thompson v. ClarkSupreme Court of the United States · 2022
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Joy Laskar, PH.D. v. Phillip W. HurdCourt of Appeals for the Eleventh Circuit · 2020
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