Mallach v. Ridley
New York Supreme Court
Appeal from circuit court, New York county. - Action by Ann Mallach against Edward A. Ridley and others for false imprisonment. After plaintiff had left defendants’ store, where she had purchased some articles, a policeman requested her to return to the store, which she did. The policeman was sent after plaintiff by defendants’ floor-walker, who accused her of shop-lifting.
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Appeal from circuit court, New York county. - Action by Ann Mallach against Edward A. Ridley and others for false imprisonment. After plaintiff had left defendants’ store, where she had purchased some articles, a policeman requested her to return to the store, which she did. The policeman was sent after plaintiff by defendants’ floor-walker, who accused her of shop-lifting. Defendants had nothing to do with the transaction personally, and they contended that they were not liable, inasmuch as the floor-walker was not authorized to have a person arrested on-suspicion, as was done in this case.…
1Opinion of the CourtVan Brunt, P. J.
The evidence in this case does not seem to materially differ from that which was presented by the record upon the last trial of this-ease, upon the appeal from the judgment, in which this court held that there was sufficient evidence upon which the jury could find that the floor-walker, in the arrest and searching of the plaintiff, acted within the scope of his authority; and it would not be necessary upon this appeal to do more than to refer to the opinion previously announced, in order to sustain the judgment, were it not for the apparent failure to comprehend the evidence, which seems to…
2Cited by7 opinions
- Clancy v. BarkerCourt of Appeals for the Eighth Circuit · 1904
- Swinarton v. Le BoutillierNew York Court of Common Pleas · 1894
- Cressy v. Republic Creosoting Co.Supreme Court of Minnesota · 1909
- McKeon v. ManzeNew York Supreme Court · 1916
- Field v. KaneAppellate Court of Illinois · 1901
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