Manasha v. Royal Benefit Society
Appellate Terms of the Supreme Court of New York
Malicious prosecution — Charge of larceny — Want of probable cause — Liability of a corporation for acts of its manager. ' Proof that the manager of a department of an insurance company discharged a collecting agent at a time when some salary was due . him; that the agent then told the manager that he had collected a small sum of money and that he wished to account for it and receive the balance of the salary due him; that the manager told him to “ get out; ” that the…
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Malicious prosecution — Charge of larceny — Want of probable cause — Liability of a corporation for acts of its manager. ' Proof that the manager of a department of an insurance company discharged a collecting agent at a time when some salary was due . him; that the agent then told the manager that he had collected a small sum of money and that he wished to account for it and receive the balance of the salary due him; that the manager told him to “ get out; ” that the manager subsequently preferred a charge against the agent for the larceny of the Very sum for which the agent wished to…
1Opinion of the CourtBischoff, J.
Conceding the correctness of the manner in which the issues were submitted to the jury, the appellant contends that the plaintiff’s proof was insufficient to entitle him to that submission and that the denial of the motions for the dismissal of the com*475plaint, as made when the plaintiff rested and at the close of all the evidence, was error.
Accordingly the inquiry is whether there was any evidence upon which the jury could find in favor of the cause of action alleged, putting aside such evidence -as appeared in contradiction (Kraus v. J. H. Mohlman Co., 18 Misc. Rep. 430), and from our…
2Cases cited7 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Voltz v. . BlackmarNew York Court of Appeals · 1876
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
- Willard v. . Holmes, Booth HaydensNew York Court of Appeals · 1894
- Burhans v. Sanford & BrownNew York Supreme Court · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bernascheff v. RoethNew York Supreme Court · 1901