Galley v. Brennan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William. Brennan, from a judgment of the Qounty Court of Erie county, entered in the office of the clerk of said county on the 2d day of December, 1912, upon the verdict of a jury for $150, and also from an order entered in said clerk’s office on the same day, denying the defendant’s motion for. a new trial- made upon the minutes.
1Opinion of the Court
Lambert, J.:
The action is for malicious prosecution, and grows out of the following facts: The defendant is the owner of a tract of land at Cheektowaga, Erie county. Adjoining this land certain of his neighbors had barns, from which they were accustomed to throw out manure upon defendant’s land, with the understanding that same should belong to defendant. At the time of the occurrences complained of there had accumulated some little quantity of such manure. Some person, without the consent or knowledge of the defendant, reproved this manure. Upon discovering that same had been stolen, the…
2Cases cited1 opinion
- McCarthy v. BarrettAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Galley v. BrennanAppellate Division of the Supreme Court of the State of New York · 1915