Paul v. Fargo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George R. Paul, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Herkimer on the 19th day of May, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Herkimer Trial Term.
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Appeal by the plaintiff, George R. Paul, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Herkimer on the 19th day of May, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Herkimer Trial Term. The action was begun on the 8th day of January, 1902, to recover damages alleged to have been sustained by the plaintiff, on account of the commencement and prosecution of a civil action against him by the defendant, which resulted in a final judgment of no cause of action in favor of this…
1Opinion of the Court
McLennan, J.:
The learned trial court ruled and decided, in substance, that in an ordinary civil action where the person or property of the defendant *10is not interfered with, as by injunction, attachment, arrest or some other provisional remedy, the defendant, although successful, is not entitled to maintain an action of malicious prosecution against, the plaintiff, notwithstanding such action may have been-instituted and prosecuted without probable cause and malicicmsly, and resulted in damage to the defendant in excess of the costs recovered by him. Such ruling presents the only question…
2Cases cited13 opinions
- Wass v. . StephensNew York Court of Appeals · 1891
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Closson v. StaplesSupreme Court of Vermont · 1869
- Pangburn v. BullNew York Supreme Court · 1828
- Willard v. . Holmes, Booth HaydensNew York Court of Appeals · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Belsky v. LowenthalAppellate Division of the Supreme Court of the State of New York · 1978
- Sachs v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1924
- Carnation Lumber Co. v. McKenneyOregon Supreme Court · 1960
- Assets Collecting Co. v. MyersAppellate Division of the Supreme Court of the State of New York · 1915
33 more not listed; retrieve them via the Exa API.