Gorton v. De Angelis
New York Supreme Court
This was an action for malicious prosecution, tried at the Oneida circuit in October, 1829, before the Hon. Nathan Williams, one of the circuit judges. Gorton sued De Angelis in a justice’s court, and on the 9th February, 1829, the parties appeared before the justice, J. JB. Read, Esq., and the plaintiff declared for a quantity of hogsheads, barrels, &c. and for work and labor.
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This was an action for malicious prosecution, tried at the Oneida circuit in October, 1829, before the Hon. Nathan Williams, one of the circuit judges. Gorton sued De Angelis in a justice’s court, and on the 9th February, 1829, the parties appeared before the justice, J. JB. Read, Esq., and the plaintiff declared for a quantity of hogsheads, barrels, &c. and for work and labor. The defendant pleaded the general issue, and gave a general notice of set o£¡¡ and claimed damages for leakage of the hogsheads, &c. and the cause was adjourned until the 26th February, when, at the request of the…
1Opinion of the Court
By the Court,
Marcv, J.
What took place in relation to the first suit commenced by De Angelis, does not afford competent evidence of a want of probable cause. The summons was in trespass on the case. As the plaintiff did not declare. *420we are without evidence that would authorize the inference tf]at he SOught therein to recover what he might have set off iQ the suit instituted by Gorton against him. It would, I think, be rather conjecture than a conclusion warranted by facts, for us"to say that he did not intend to appear at the return of the summons, but procured it to be issued from malice and…
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