Shipman v. Learn
New York Supreme Court
Appeal from circuit court, Cattaraugus county. Action by Hosea Shipman against Herbert A. Learn and Edwin Booth to recover damages for an alleged malicious prosecution. At the close of plaintiff’s evidence a motion for nonsuit was sustained, on the ground that the evidence was insufficient to show want of probable cause for plaintiff’s arrest. Plaintiff appeals.
1Opinion of the CourtLewis, J.
This action was brought by the plaintiff to recover damages for an alleged malicious prosecution of the plaintiff by the defendants. One Jesse Slocum was the owner of a chestnut orchard in the county of Cattaraugus. He had made an arrangement with the defendant Learn to gather the chestnuts in the orchard upon shares. Learn had employed the defendant Booth, who resided in the vicinity of the orchard, to look after the chestnuts and protect them from the depredation of others. The plaintiff, in company with some of his friends, had occasion to pass the orchard in question, on his way to…
2Cases cited2 opinions
- Hazzard v. . FluryNew York Court of Appeals · 1890
- Kline v. HibbardNew York Supreme Court · 1894
3Cited by2 opinions
- Evins v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- O'Dell v. HatfieldNew York Supreme Court · 1903