Duffy v. Beirne
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Orange county. Action by Henry Duffy against Edward C. Beirne. From a judgment on a verdict, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtWoodward, J.
This action for malicious prosecution was instituted in Orange county, resulting in a judgment for $2,223.17, recovery and costs. The facts, in so far as they are necessary for the purposes of this discussion, appear to be that the plaintiff entered the saloon of Stephen Short, on Front street, in the village of Port Jervis, about midnight of May 4, 1895. The defendant was present at the time, and a mélée ensued, in which the parties to this action were the principals. There is a dispute as to who commenced the difficulty. It is alleged on the part of the plaintiff, supported by his…
2Cases cited23 opinions
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
- Besson v. . SouthardNew York Court of Appeals · 1851
- Pangburn v. BullNew York Supreme Court · 1828
- Masten v. DeyoNew York Supreme Court · 1829
- Denning v. RoomeNew York Supreme Court · 1831
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