Day v. Levine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philip Cedar, 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 28th day of February, 1917, upon the verdict of a jury for $600, and also from an order entered in said clerk’s office on the same day denying appellant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Shearn, J.:
The defendant Cedar appeals from a judgment entered upon a verdict for plaintiff in an action for malicious prosecution.
There is no contradiction whatever with respect to the fact that defendant Cedar was informed by his head shipping clerk, Goldberg, a man who had been in Cedar’s employment for many years and who had proved to be an honest and faithful employee and in whose reliability the defendant Cedar had reason to have and did have confidence, that Goldberg had actually seen the plaintiff take the stolen bundle of clothes from the building in which Cedar’s business was…
2Cases cited3 opinions
- Anderson v. . HowNew York Court of Appeals · 1889
- Davenport v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Francis v. TilyouAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Veras v. Truth Verification Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Langley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1972
- Babor v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1939
- Tepperman v. New York City Transit AuthorityCivil Court of the City of New York · 1986
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