Voltz v. . Blackmar
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was for assault and battery and false imprisonment. The defendant was a dealer in malt, residing and doing business in the city of Buffalo, and during the years 1872 and 1873 maintained an office at Do. 17 Moore street, in the city of Dew York.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was for assault and battery and false imprisonment. The defendant was a dealer in malt, residing and doing business in the city of Buffalo, and during the years 1872 and 1873 maintained an office at Do. 17 Moore street, in the city of Dew York. On August 20, 1872, he hired the plaintiff as confidential clerk and agent, he taking charge of the Dew York business for…
1Opinion of the CourtAndrews, J.
The plaintiff was arrested and imprisoned without warrant issued, and the jury have found that the arrest was instigated and directed by the defendant. The evidence on this point was conflicting, but this court is concluded by the finding of the jury upon the question. The jury have also found that no felony was committed by the plaintiff in appropriating his principal’s money, or in taking from the safe the warehouse receipts, although there is no room for question that these acts were without justification, and constituted a flagrant violation of the defendant’s rights, and of the duty the…
2Cases cited3 opinions
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Taylor v. . ChurchNew York Court of Appeals · 1853
3Cited by75 opinions
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
- Scott v. Times-Mirror Co.California Supreme Court · 1919
- Le Mistral, Inc. v. Columbia Broadcasting SystemAppellate Division of the Supreme Court of the State of New York · 1978
- Aladdin Mfg. Co. v. Mantle Lamp Co. of AmericaCourt of Appeals for the Seventh Circuit · 1941
- Gostkowski v. Roman Catholic Church of Sacred Hearts of Jesus & MaryNew York Court of Appeals · 1933
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