Legal Opinion
Schwarting v. Van Wie New York Grocery Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1901PublishedCited by 4 opinions
Appeal from trial term, Westchester county. Action by George Schwarting against the Van Wie New York Grocery Company. From a judgment for plaintiff, and an order denying a new trial, defendant appeals.
1Opinion of the CourtJenks, J.
We think that this judgment must be reversed for error in the rejection of testimony. The defendant appeals from a judgment of $500 against it for a malicious prosecution. The president of the defendant, who was alleged to be the prime mover in the prosecution, was asked by his counsel:
“Q. What moved you to have Schwarting arrested? (Objected to as incompetent, as it is a question for the jury, under all the circumstances of the case.) Q. What motive did you have in having Schwarting arrested? (Same objection. Objection sustained. Exception.)”
The plaintiff’s cause of action depended upon…
2Cases cited11 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Bank v. KennedySupreme Court of the United States · 1873
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- McKown v. . HunterNew York Court of Appeals · 1864
- Seymour v. . WilsonNew York Court of Appeals · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Runo v. WilliamsCalifornia Supreme Court · 1912
- Schubkegel v. GordinoCalifornia Court of Appeal · 1943
- Leake v. CarlisleCity of New York Municipal Court · 1902
- Schubkegel v. GordinoCalifornia Court of Appeal · 1943