Jones v. Independent Fence Co.

Defendants move to dismiss the complaint as barred by the Statute of Limitations, pursuant to subdivision 5 of rule 107 of the Buies of Civil Practice, or, in the alternative, to dismiss for insufficiency pursuant to subdivision 4 of rule 106 of the Buies of Civil Practice.

The complaint alleges that the defendant Schulman individually and as an officer of the defendant corporation maliciously and without reasonable or probable cause charged the plaintiff with the crime of larceny for having removed materials from the premises of the corporate defendant, and converted same; that said defendant…