Galley v. . Brennan
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 8, 1913, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The refusal of the trial court to grant a nonsuit or to direct a verdict for the defendant was not error.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 8, 1913, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The refusal of the trial court to grant a nonsuit or to direct a verdict for the defendant was not error. (Burt v. Smith, 181 N. Y. 1; Sprague v. Gibson, 63 Hun, 626; Scott v. Dennet Coffee Co., 31 Misc. Rep. 826; Gerity v. Strasbourger, 133 App. Div. 701;…
1Opinion of the CourtHisoock, J.
This action was brought to recover damages for alleged malicious prosecution of plaintiff by-defendant. The latter instituted a criminal proceeding against the former upon the charge of having stolen some manure. The charge was dismissed and the only question in this action has been and is the one whether defendant had probable cause for instituting the proceeding although it turned out that plaintiff was innocent of the offense. The trial court held that the evidence made this question one of fact to be determined by the jury, but the Appellate Divisioy decided that as a matter of jaw lack…
2Cases cited2 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Heyne v. . BlairNew York Court of Appeals · 1875
3Cited by8 opinions
- Halsey v. New York Society for the Suppression of ViceNew York Court of Appeals · 1922
- Maloney v. . Cunard Steamship Co.New York Court of Appeals · 1916
- Watson v. City of New YorkCivil Court of the City of New York · 1968
- Mulder v. . U.S. Slicing Machine Co.New York Court of Appeals · 1920
- Martin v. . CrumbNew York Court of Appeals · 1916
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