Schmidt v. Medical Society of County of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Medical Society of the County of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2Sth day of April, 1910, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 4th day of May, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J. :
Action to recover damages for malicious prosecution. The defendant is a domestic corporation. The object of its' incorporation, among other things, is to assist in the preservation of the, public health and secure the enforcement of laws regulating the practice of medicine in the county of New York. On or about May 4, 1907, the plaintiff, at the instigation of the defendant, was arrested on a charge of practicing medicine without being legally authorized to do so, in violation of section 153 of chapter 661 of the Laws of 1893, as amended by chapter 455 of the Laws of 1905. He…
2Cases cited4 opinions
- Besson v. . SouthardNew York Court of Appeals · 1851
- Foshay v. FergusonNew York Supreme Court · 1846
- Masten v. DeyoNew York Supreme Court · 1829
- Kutner v. FargoAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Schmidt v. Medical SocietyAppellate Division of the Supreme Court of the State of New York · 1912