Phillipson v. . Ninno
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 6, 1920, affirming a judgment in favor of plaintiff entered upon a verdict. It was error for the court to deny defendant’s motion for a dismissal of the cause of action for false imprisonment, made at the close of plaintiff’s case, and also at the close of the evidence. (Swart v. Rickard, 148 N. Y. 264; Gardner v. Bain, 5 Lans. 256; Tobin v. Bell, 73 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 6, 1920, affirming a judgment in favor of plaintiff entered upon a verdict. It was error for the court to deny defendant’s motion for a dismissal of the cause of action for false imprisonment, made at the close of plaintiff’s case, and also at the close of the evidence. (Swart v. Rickard, 148 N. Y. 264; Gardner v. Bain, 5 Lans. 256; Tobin v. Bell, 73 App. Div. 41; Gilbert v. Satterlee, 43 Misc. Rep. 292.) It was not error for the court to deny defendant’s motion to dismiss…
1Opinion of the Court
Hiscock, Ch. J.
This action is based upon two alleged causes of action, one for false imprisonment and one for malicious prosecution. The circumstances which gave rise to the action were substantially as follows:
Plaintiff was a driver first in the employ of the defendant and his father and then of a corporation known as the Orleans Distributors, Incorporated, of which defendant was the manager. The business of each organization consisted in part in the transmission of packages received from merchants for delivery to customers. Part of these packages were of the character designated as C. O. D.…
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