Burns v. . Wilkinson
New York Court of Appeals
Appeal from a judgment, entered January 15, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department reversing a judgnient in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered January 15, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department reversing a judgnient in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division having reversed judgment and dismissed the complaint, it must be conclusively presumed that the judgment was not reversed upon a question of fact. (Cannon v. Fargo, 222 N. Y. 321; Conway v. Naylor, 222 N. Y. 437; Faber v. City of New…
1Opinion of the CourtAndrews, J.
The plaintiff was arrested on the complaint of the defendant, the charge being larceny as defined in section 1293-a of the Penal Law. This complaint was pressed before the committing magistrate. The plaintiff was held for the grand jury, indicted upon the defendant’s testimony and subsequently acquitted. Thereupon he brought this action for malicious prosecution. He obtained a judgment which has been reversed by the Appellate Division, not on the facts, but because it was said that, as a matter of law, the defendant had probable cause for his action.
Assuming as we must, therefore, the truth…
2Cases cited1 opinion
- Rawson v. Francis H. LeggettNew York Court of Appeals · 1906
3Cited by16 opinions
- Hopkinson v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
- Munoz v. City of New YorkNew York Court of Appeals · 1966
- Halsey v. New York Society for the Suppression of ViceNew York Court of Appeals · 1922
- Watson v. City of New YorkCivil Court of the City of New York · 1968
- Dempsey v. MastoAppellate Division of the Supreme Court of the State of New York · 1981
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