Mesnier v. Denike
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Abraham Denike, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office' of the clerk of the county of Kings on the 26th day of April, 1902, upon the verdict of a jury for $650, and also from an order entered in said clerk’s' office on the 22d day of April, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
In this action the plaintiff has recovered $650 damages for the malicious prosecution of a civil proceeding for contempt, which ¡resulted in an order of commitment under which the plaintiff was imprisoned for three days. The determination of the appeal turns upon the question whether the order adjudging the plaintiff guilty of contempt and directing that he be committed to jail was conclusive evidence of the existence of probable cause for instituting the contempt proceeding, notwithstanding the subsequent reversal of that order by this court. (Burnham v. Denike, 53 App.…
2Cases cited5 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Short & Co. v. Spragins, Buck & Co.Supreme Court of Georgia · 1898
- Bowman v. BrownSupreme Court of Iowa · 1879
- Nicholson v. SternbergAppellate Division of the Supreme Court of the State of New York · 1901
- Burnham v. DenikeAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Black v. JudelsohnAppellate Division of the Supreme Court of the State of New York · 1937
- Hendrix v. Manhattan Beach Development Co. & MarshallAppellate Division of the Supreme Court of the State of New York · 1917
- Malin v. Deutsch & FreyAppellate Division of the Supreme Court of the State of New York · 1988