Secor v. Babcock
New York Supreme Court
This cause came before the court on a writ of error from the court of common pleas of Orange county. The defendant in error brought his action against the plaintiff in error, in the court below, for a malicious prosecution.
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This cause came before the court on a writ of error from the court of common pleas of Orange county. The defendant in error brought his action against the plaintiff in error, in the court below, for a malicious prosecution. The declaration charged, that the defendant below, maliciously and falsely, and without a probable cause, had procured a justice of the peace to issue a warrant to apprehend the plaintiff, provided a certain cow, which the defendant made oath bad been stolen from him, and which he suspected to be in the possession of the plaintiff, should be found in the possession of the…
1Per curiam
The justice had power, on examination of a charge oísuspicion of felony, or of having stolen goods, to dismiss the plaintiff below, if he was satisfied that there was no ground for the suspicion. The acquittal was lawful, and there was a sufficient ground for a suit for a malicious prosecution. The judgment below must he affirmed.(a)
Judgment affirmed.
A.n action for a malicious prosecution will not lie unless the want of probable cause is substantially proved. Proof of malice alone will not sustain the action. Prom the want of probable cause, malice may be implied, but the want of probable…
2Cases cited1 opinion
- Murray v. LongNew York Supreme Court · 1828
3Cited by17 opinions
- Marbourg v. SmithSupreme Court of Kansas · 1873
- Schippel v. NortonSupreme Court of Kansas · 1888
- Israel v. BrooksIllinois Supreme Court · 1860
- Cole v. CurtisSupreme Court of Minnesota · 1870
- M'Cormick v. SissonNew York Supreme Court · 1827
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