Radde v. Ruckgaber
The Superior Court of New York City
This is an action for falsely, maliciously, and without reasonable and probable cause, malting an affidavit, and causing the defendant to be arrested. The plaintiff moves, that the answer be made more definite and certain, or that certain parts be stricken out. The part, moved to be stricken out states facts which the defendant insists constitute, in judgment of law, probable cause.
1Opinion of the CourtBosworth, J.
The making of the affidavit, the arrest of the plaintiff, and his subsequent discharge from arrest by a final order of the court, are admitted by the answer. The essence of the allegations in the complaint, relating to other matters, is, that this arrest was caused by the malicious act of the defendant, without any reasonable or probable cause. Whatever allegations a complaint may contain, to properly state this general fact, the answer may deny. An answer denying them and setting up no new matter is sufficient. It is surely a perfect answer, which simply and merely denies the allegations…
2Cited by6 opinions
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- Rost v. HarrisThe Superior Court of New York City · 1861
- Sparling v. ConwayMissouri Court of Appeals · 1878
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