Swart v. Rickard
New York Supreme Court
Appeal from special term, Montgomery county. Action by James H. Swart against Charles Rickard for false imprisonment and malicious prosecution. To a ruling of the trial judge withdrawing from the jury the issues as to false imprisonment, plaintiff excepted. Judgment for defendant, and new trial denied. Plaintiff appeals.
1Opinion of the CourtPutnam, J.
The complaint contains a count for false imprisonment, and also one for malicious prosecution. On the trial the judge submitted to the jury the issue raised by the pleadings as to malicious prosecution, but held that the plaintiff was not entitled to recover for the alleged false imprisonment, and withdrew the issues raised by the pleadings in that regard from the jury. The plaintiff excepted to this ruling of the trial judge, and that exception raises the only question in the case.
On the complaint of the defendant, plaintiff was arrested and imprisoned on a warrant issued by one Rulison, a…
Also in this document: Concurrence.
2Cases cited7 opinions
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Von Latham v. Libby & RowanNew York Supreme Court · 1862
- Pratt v. BogardusNew York Supreme Court · 1867
- Vredenburgh v. HendricksNew York Supreme Court · 1853
- Comfort v. FultonNew York Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People ex rel. Travis v. KnottAppellate Division of the Supreme Court of the State of New York · 1923