Halberstadt v. New York Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Life Insurance Company, from an interlocutory 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 14th day of November, 1907, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to two affirmative defenses contained in the answer.
1Opinion of the Court
Scott, J.:
The defendant appeals from an interlocutory judgment sustaining a demurrer to separate defenses in the answer.
The action is for malicious prosecution, and the complaint alleges that in 1892, in Mexico, the defendant’s agent, at the request and instigation of the defendant, preferred a criminal charge against the plaintiff in the Criminal Court in the city of Mexico, and that thereupon a warrant was issued for the plaintiff’s arrest. The termination of the proceedings there instituted is thus alleged: “ On or about the 12th day of November, 1906, by judgment of said Second Criminal…
2Cases cited2 opinions
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Leyenberger v. PaulAppellate Court of Illinois · 1891
3Cited by2 opinions
- Reit v. MeyerAppellate Division of the Supreme Court of the State of New York · 1914
- Jones v. Perry, New York County Courts1926