Willard v. Holmes
New York Court of Common Pleas
Appeal from trial term. Action by Samuel H. Willard against Holmes, Booth & Haydens, a corporation, to recover damages for malicious prosecution of an action charging plaintiff with having, while treasurer and manager of defendant, wrongfully used its name for the indorsement of the promissory note of another corporation, and for causing his property to be attached in such action.
Read the full summary
Appeal from trial term. Action by Samuel H. Willard against Holmes, Booth & Haydens, a corporation, to recover damages for malicious prosecution of an action charging plaintiff with having, while treasurer and manager of defendant, wrongfully used its name for the indorsement of the promissory note of another corporation, and for causing his property to be attached in such action. From a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial on the several grounds specified in Code Civil Proc. § 999, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
Whatever the doubt in which the question was at one time involved, it is now well settled that a private corporation is liable civiliter for malicious prosecution, (Morton v. Insurance Co., 34 Hun, 366, affirmed 103 N. Y. 645; Bank v. Graham, 100 U. S. 699; Railway Co. v. Harris, 122 U. S. 597, 7 Sup. Ct. Rep. 1286; Williams v. Insurance Co., 57 Miss. 759; Carter v. Machine Co., 51 Md. 290; Wheless v. Bank, 1 Baxt. 469; Reed v. Bank, 130 Mass. 443; Railway Co. v. James, 73 Tex. 12, 10 S. W. Rep. 744; Hussey v. Railroad Co., 98 N. C. 34, 3 S. E. Rep. 923; Jordan v. Railroad Co., 74 Ala. 85;)…
2Cases cited41 opinions
- Barry v. EdmundsSupreme Court of the United States · 1886
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- National Bank v. GrahamSupreme Court of the United States · 1880
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Wheeler v. NesbittSupreme Court of the United States · 1861
36 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kennedy v. McKoneAppellate Division of the Supreme Court of the State of New York · 1896
- Rawson v. LeggettAppellate Division of the Supreme Court of the State of New York · 1904
- Stevens v. Metropolitan Life InsuranceNew York Court of Common Pleas · 1893
- Díaz v. San Juan Light & Transit Co.Supreme Court of Puerto Rico · 1911
- Richard v. BolandThe Superior Court of the City of New York and Buffalo · 1893