Legal Opinion

Phillipson v. . Ninno

New York Court of Appeals

Decided April 18, 1922PublishedCited by 12 opinions

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.

Read the full summary

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.…

2Cited by12 opinions

  1. Suria v. ShiffmanNew York Court of Appeals · 1986
  2. Friedman v. Medtronic, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
  3. Clark v. Board of EducationNew York Court of Appeals · 1952
  4. Fein v. Bd. of Educ. of the City of New YorkNew York Court of Appeals · 1953
  5. Li-Bet Realty Corp. v. WienerAppellate Division of the Supreme Court of the State of New York · 1964

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API