Atwood v. Beirne
New York Supreme Court
Appeal from circuit court, Orange county. Action by Thomas Atwood against Edward C. Beirne for malicious prosecution. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes of the court, defendant appeals.
1Opinion of the CourtPratt, J.
Appellant urges that the court below erred in refusing to dismiss the complaint for failure to prove want of probable cause. The defendant testified that $10 had been stolen from his office, and that no one was present at the office when the money was taken but the plaintiff and his wife. The court said that if a theft had been in fact committed, then there was probable cause for the prosecution. We think that was as far as the trial judge could go in that direction. Plaintiff denied having taken the money, and the question whether a theft had been committed was practically left to the jury…
2Cited by10 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Waters v. WinnSupreme Court of Georgia · 1914
- Reit v. MeyerAppellate Division of the Supreme Court of the State of New York · 1914
- Craig v. GinnSupreme Court of Delaware · 1901
- Zebrowski v. BobinskiNew York Court of Appeals · 1938
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