Sachs v. Weinstein
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, Philip Weinstein and another, individually, etc., and another, and by Meyer Marlow, from separate orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of May, 1923, denying separate motions made by the appealing defendants for orders dismissing the complaint for insufficiency, and to strike out certain allegations therein, or in the alternative to…
Read the full summary
Separate appeals by the defendants, Philip Weinstein and another, individually, etc., and another, and by Meyer Marlow, from separate orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of May, 1923, denying separate motions made by the appealing defendants for orders dismissing the complaint for insufficiency, and to strike out certain allegations therein, or in the alternative to compel the plaintiff to state and number them as separate causes of action, and also to strike out certain other paragraphs…
1Opinion of the Court
Merrell, J.:
The action is to recover damages alleged to have been sustained by the plaintiff by reason of the malicious prosecution by the defendants through a conspiracy entered into by them by the institution of involuntary bankruptcy proceedings against the plaintiff, which proceedings the plaintiff alleges were begun maliciously and without probable cause.
In his complaint the plaintiff alleges, first, that during all the times mentioned in the complaint he was a retail dealer in boots, shoes and rubbers, having a place of business, a retail store, at 828 Manhattan avenue, Greenpoint,…
2Cases cited15 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Burt v. . SmithNew York Court of Appeals · 1905
- Bank v. ShermanSupreme Court of the United States · 1880
- Pangburn v. BullNew York Supreme Court · 1828
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Belsky v. LowenthalAppellate Division of the Supreme Court of the State of New York · 1978
- Engel v. CBS, INC.New York Court of Appeals · 1999
- Chappelle v. GrossAppellate Division of the Supreme Court of the State of New York · 1966
- Carnation Lumber Co. v. McKenneyOregon Supreme Court · 1960
- Donald S. Engel, Engel & Engel v. Cbs, Inc., Moses & Singer, and Stanley RothenbergCourt of Appeals for the Second Circuit · 1999
29 more not listed; retrieve them via the Exa API.