Anderson v. . How
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 24,1886, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting-the plaintiff bn trial. The nature of the action and the material facts appear in the opinion. Intent is the essence of every crime; and in order to constitute malicious mischief there must be a destruction of or injury to property out of mere wantonness and malice.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 24,1886, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting-the plaintiff bn trial. The nature of the action and the material facts appear in the opinion. Intent is the essence of every crime; and in order to constitute malicious mischief there must be a destruction of or injury to property out of mere wantonness and malice. (43 Ala. 330 ; 44 id. 380; 72 N. C. 201; 110 Mass. 401; People v. Williams, 24 How. 350; Wait v. Green, 5 Park. 185; Johnson v. Ebberts,…
1DissentBradley, J.
The defendant was permitted to act on appearances, and if they were such as to furnish reasonable grounds of suspicion, supported by circumstances to warrant the belief of a cautiously prudent man that the plaintiff was guilty of the offense charged, he was justified in causing his arrest, although the plaintiff was innocent of the charge. The question whether or not there was any evidence tending to support the allegation of want of probable cause was for the court; and, if there was not, the complaint was properly dismissed, but if there was any evidence or . inference derivable from it,…
2Cases cited8 opinions
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Commonwealth v. WilliamsMassachusetts Supreme Judicial Court · 1872
- Foshay v. FergusonNew York Supreme Court · 1846
- Masten v. DeyoNew York Supreme Court · 1829
- Bulkeley v. . KeteltasNew York Court of Appeals · 1852
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