Baldwin v. Weed
New York Supreme Court
This was an action for malicious prosecution, tried at the Saratoga circuit in May, 1835, before the Hon. Esek Cowen, then one of the circuit judges. The plaintiff charged the defendant with having maliciously and without probable cause, procured him to be indicted for obtaining goods by false pretences from one James Sowden, on which indictment the plaintiff was tried and acquitted.
Read the full summary
This was an action for malicious prosecution, tried at the Saratoga circuit in May, 1835, before the Hon. Esek Cowen, then one of the circuit judges. The plaintiff charged the defendant with having maliciously and without probable cause, procured him to be indicted for obtaining goods by false pretences from one James Sowden, on which indictment the plaintiff was tried and acquitted. It was also stated in the declaration, that the defendant had procured the plaintiff to be arrested in Vermont, on the requisition of the governor of this state, and to be brought here for trial. On the trial of…
1Opinion of the Court
By the Court,
Nelson, C. J.
The material question here is, whether want of probable cause in the criminal proceedings against the plaintiff was sufficiently established on the trial of this cause. The leading principles involved in actions for malicious arrest and prosecutions, have been so often and so ably discussed both in England and this country, that they are extremely well settled. When there is no dispute as to the facts relied on, the question of want of probable cause is for the determination of the court; when they are controverted, or the preponderance of the testimony doubtful, it…
2Cases cited4 opinions
- Masten v. DeyoNew York Supreme Court · 1829
- Hall v. SuydamNew York Supreme Court · 1849
- Murray v. LongNew York Supreme Court · 1828
- Leaird v. DavisSupreme Court of Alabama · 1849
3Cited by13 opinions
- Dean v. . KochendorferNew York Court of Appeals · 1924
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Carl v. . AyersNew York Court of Appeals · 1873
- Driggs v. BurtonSupreme Court of Vermont · 1871
- Lytton v. BairdIndiana Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.