Dorendinger v. Tschechtelin
New York Court of Common Pleas
Appeal from a judgment of the General Term of the Marine Court of the city of New York, affirming a judgment of that court entered upon the verdict of a jury. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
—This action was brought by the plaintiff against the defendant for a mali*36cions prosecution, the malicious prosecution relied upon being also an action for malicious prosecution brought by the defendant against the plaintiff, in which the plaintiff was arrested upon an order of arrest, which order, upon the application of the defendant in that action and the plaintiff in this, was vacated, and the action was afterwards dismissed for want of .prosecution.
It was incumbent upon the plaintiff in this action to show by affirmative evidence that the previous action…
2Cases cited9 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Foshay v. FergusonNew York Supreme Court · 1846
- Burhans v. Sanford & BrownNew York Supreme Court · 1838
- Bulkeley v. . KeteltasNew York Court of Appeals · 1852
- Henry v. Bank of SalinaNew York Court of Appeals · 1847
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3Cited by2 opinions
- June Fabrics, Inc. v. Teri Sue Fashions, Inc.New York Supreme Court · 1948
- Rosenkranz v. HassCity of New York Municipal Court · 1892