Rawson v. Francis H. Leggett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 20, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 20, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed. (Thaule v. Krekeler, 81 N. Y. .428; Besson v. Southard, 10 N. Y. 236; Burns v. Erben, 40 N. Y. 463; Heyne v. Blair, 62 N. Y. 19; Bankell v. Weinacht, 99 App. Div. 316; Burt v. Smith, 181 N. Y. 1; Beacon v. Town, 4 Cush. 328 ;…
1Per curiam
This action was brought for malicious prosecution. At the instigation of the defendants, as we shall assume upon this appeal, several indictments for grand larceny were found against the plaintiff in the county of New York, which were thereafter dismissed. Thereupon he brought this action and obtained a verdict for $25,000. It is insisted by the appellants that this result was erroneous and that plaintiff as matter of law failed to establish want of probable cause. A majority of the court concur in this view and think that the judgment should be reversed.
Appellants are and were wholesale…
2Cases cited4 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Thaule v. . KrekelerNew York Court of Appeals · 1880
- Kutner v. FargoAppellate Division of the Supreme Court of the State of New York · 1898
- Molloy v. Long Island Railway Co.New York Supreme Court · 1891
3Cited by39 opinions
- James Morrissey, Plaintiff-Appellant-Appellee v. National Maritime Union of America, Defendant-Appellant-Appellee, and Joseph CurranCourt of Appeals for the Second Circuit · 1976
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Hopkinson v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Munoz v. City of New YorkNew York Court of Appeals · 1966
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