Clark v. Nannery
New York Court of Appeals
I. The uncontroverted and conceded facts establish three sue-cessive false arrests and imprisonments and dismissal of the complaint was improper. (Schultz v. Greemuood Cemetery, 190 N. T. 276; Snead v. Bonnoil, 166 N.- Y. 325; Hoplcins v. Ciarle, 158 N. Y. 299; People v. O’Conner, 257 N. Y. 473; People y. Marendi, 213 N. Y. 600; Livingston v. Livingston, 246 N. Y. 234; People v. Shanley, 40 Hnn 477; Grinnell v. Weston, 95 App. Div. 454; West v. Cabell, 153 U. S. 78.) II.
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I. The uncontroverted and conceded facts establish three sue-cessive false arrests and imprisonments and dismissal of the complaint was improper. (Schultz v. Greemuood Cemetery, 190 N. T. 276; Snead v. Bonnoil, 166 N.- Y. 325; Hoplcins v. Ciarle, 158 N. Y. 299; People v. O’Conner, 257 N. Y. 473; People y. Marendi, 213 N. Y. 600; Livingston v. Livingston, 246 N. Y. 234; People v. Shanley, 40 Hnn 477; Grinnell v. Weston, 95 App. Div. 454; West v. Cabell, 153 U. S. 78.) II. The illegality of the arrest under the warrant was not enred by the subsequent charge and conviction for disorderly…
1Opinion of the CourtRippey, J.
Plaintiff brought this action to recover damages for false arrest and false imprisonment. At the close of the trial upon issues raised by the complaint and answers of the various defendants, a nonsuit was granted and the complaint dismissed. That disposition of the case has been approved by the Appellate Division, on appeal, by a divided vote.
On the afternoon of March 14, 1939, two officers in the Police Department of the City of New York were looking for one Gaffney who was under indictment for the crime of extortion. When they accosted plaintiff on suspicion that he might be the man they…
2Cases cited6 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
- Burns v. . ErbenNew York Court of Appeals · 1869
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Snead v. . BonnoilNew York Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Smith v. County of NassauNew York Court of Appeals · 1974
- Warner v. State of New YorkNew York Court of Appeals · 1948
- Veras v. Truth Verification Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- Kramer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
16 more not listed; retrieve them via the Exa API.