Whitney v. New York Casualty Insurance
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the plaintiff, William J. Whitney, from a judgment of the Supreme Court in favor of the defendants, entered iii the office of the clerk of the county of Warren.on the 25th day of June, 189J, upon the dismissal of the complaint by direction of the court-after a trial before the court and a jury.
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■ Appeal by the plaintiff, William J. Whitney, from a judgment of the Supreme Court in favor of the defendants, entered iii the office of the clerk of the county of Warren.on the 25th day of June, 189J, upon the dismissal of the complaint by direction of the court-after a trial before the court and a jury. The defendant The New York Casualty Insurance Association is an insurance corporation, and the defendant McArthur was, at the time of the transactions out of which this action arose, an attorney and counselor at law, a director of such association, and its legal adviser. On or about the…
1Opinion of the Court
Herrick, J.:
In reviewing a judgment of nonsuit that view of the evidence must be taken which is most favorable to the plaintiff.
The plaintiff, upon the trial for larceny, was declared not guilty of the charge upon which the defendants had caused his arrest. And this case turns upon the question as to whether the defendants had reasonable grounds to believe him -guilty of the charge they made against him.
“ The question of what constitutes probable cause does not depend upon whether the offense has been committed in fact, nor whether the accused is guilty or innocent, but upon the prosecutor’s…
2Cases cited5 opinions
- Carl v. . AyersNew York Court of Appeals · 1873
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Anderson v. . HowNew York Court of Appeals · 1889
- Hazzard v. . FluryNew York Court of Appeals · 1890
- Sleight v. LeavenworthThe Superior Court of New York City · 1855
3Cited by3 opinions
- Drake v. City of RochesterNew York Supreme Court · 1978
- Manz v. KlippelWisconsin Supreme Court · 1914
- Mulder v. . U.S. Slicing Machine Co.New York Court of Appeals · 1920