Siefke v. Siefke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Herman .Siefke, Jr., from a judgment of the Superior Court of the city of Hew York in favor of the defendant, entered in the office of the clerk of said court on the 2d day of December, 1895, upon the dismissal of the complaint directed by the court after a trial before the court and a jury, and also from an order entered in said clerk’s office on the 18th day of Hovember, 1895, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Herman .Siefke, Jr., from a judgment of the Superior Court of the city of Hew York in favor of the defendant, entered in the office of the clerk of said court on the 2d day of December, 1895, upon the dismissal of the complaint directed by the court after a trial before the court and a jury, and also from an order entered in said clerk’s office on the 18th day of Hovember, 1895, denying the plaintiff’s motion for a new trial made upon the minutes. The action was brought to recover damages for alleged malicious prosecution. The ground of the dismissal of the complaint…
1Opinion of the Court
Williams, J. :
It is- undoubtedly true that the judgment should be' sustained, if the termination of the prosecution was an issue in the case, and there was a failure of proof on that issue, even though the trial court dismissed the complaint solely on the ground of the failure of proof as to the want of probable cause. In Marvin v. Universal Life Ins. Co. (85 N. Y. 278) it was held that although the court put its decision in granting a motion for a nonsuit solely upon a ground not tenable, yet, if there was another sufficient ground for granting the motion, of which the plaintiff was fairly…
2Cases cited2 opinions
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Farnam v. . FeeleyNew York Court of Appeals · 1874
3Cited by5 opinions
- Starkey v. H. O. Wooten Grocery Co.Court of Appeals of Texas · 1912
- Linitzky v. GormanCity of New York Municipal Court · 1914
- Johnson v. HuhnerNorth Dakota Supreme Court · 1948
- Kashare v. RobbinsAppellate Terms of the Supreme Court of New York · 1912
- Siefke v. SiefkeAppellate Division of the Supreme Court of the State of New York · 1898