English v. Major
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Mary English against William Major for malicious prosecution. On the 26th day of July, 1889, upon the complaint of the defendant, charging the plaintiff with the offense of poisoning animals, the plaintiff was arrested, taken before a magistrate, and on the 3d September, 1889, was tried and acquitted. Thereupon this action was commenced.
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Appeal from circuit court, Onondaga county. Action by Mary English against William Major for malicious prosecution. On the 26th day of July, 1889, upon the complaint of the defendant, charging the plaintiff with the offense of poisoning animals, the plaintiff was arrested, taken before a magistrate, and on the 3d September, 1889, was tried and acquitted. Thereupon this action was commenced. From a judgment entered on a verdict in favor of the plaintiff for $65, and from an order denying a motion on the minutes for a new trial, defendant appeals.
1Opinion of the CourtMerwin, J.
Upon the trial of this case, the plaintiff gave evidence showing, in effect, that she was innocent of the charge made against her by the defendant. She then rested, and defendant made a motion for a nonsuit, which was denied, and exception taken. The plaintiff had not shown a want of probable cause, and had not made a case for recovery. Thaule v. Kreheler, 81 N. Y. 433. The.defendant, however, instead of relying on his exception, proceeded with evidence upon his part, and thereafter the plaintiff gave further evidence; so that, at the close of the evidence, a case was probably presented for…
2Cases cited4 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Thaule v. . KrekelerNew York Court of Appeals · 1880
- Miller v. MilliganNew York Supreme Court · 1866
- Lamb v. GallandCalifornia Supreme Court · 1872
3Cited by2 opinions
- Warren v. DennettCity of New York Municipal Court · 1896
- Howe v. OldhamNew York Supreme Court · 1893