Parr v. Loder
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Noah Loder, Jr., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 26th day of October, 1903, upon the verdict of a jury for $800, and also from an order bearing date the 5th day of December, 1903, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jbnks, J.:
The defendant appeals from a judgment against him for a malicious prosecution. He charged the plaintiff with the larceny of a commission issued to the defendant out of a court of Tennessee, to take testimony. I think that the court did not err in charging that there was no larceny, and that there was not probable, cause. The defendant left these papers before the commission was executed in the keeping of the plaintiff for several days, then went to . the plaintiff’s country house to execute the commission. While the commission lay upon the table, filled out, signed and probably…
2Cases cited3 opinions
- Hazzard v. . FluryNew York Court of Appeals · 1890
- Thaule v. . KrekelerNew York Court of Appeals · 1880
- Scott v. Dennett Surpassing Coffee Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by16 opinions
- James Morrissey, Plaintiff-Appellant-Appellee v. National Maritime Union of America, Defendant-Appellant-Appellee, and Joseph CurranCourt of Appeals for the Second Circuit · 1976
- Van Vechten v. American Eagle Fire InsuranceNew York Court of Appeals · 1925
- People v. ShearsAppellate Division of the Supreme Court of the State of New York · 1913
- Watson v. City of New YorkCivil Court of the City of New York · 1968
- People v. . AtwaterNew York Court of Appeals · 1920
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