Carson v. . Dessau
New York Court of Appeals
Appeal from, judgment of the General Term of the Superior ■Court of the city of Hew York, entered upon an order made February 8, 1893, which affirmed a judgment in favor of ■defendant entered upon an order dismissing the complaint on ■trial at Circuit. This action was brought to recover damages from defendant and one David Dessau, who was joined as a party defendant, :but has died since the action was commenced, for alleged false imprisonment.
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Appeal from, judgment of the General Term of the Superior ■Court of the city of Hew York, entered upon an order made February 8, 1893, which affirmed a judgment in favor of ■defendant entered upon an order dismissing the complaint on ■trial at Circuit. This action was brought to recover damages from defendant and one David Dessau, who was joined as a party defendant, :but has died since the action was commenced, for alleged false imprisonment. The facts, so far as material, are stated in the opinion. Plaintiff’s arrest was unlawful .and an outrage ; all persons who connived at the arrest are…
1Opinion of the Court
Andrews, Ch. J.
We think the case should have been submitted to the jury upon the question whether the defendant acted in concert with David Dessau in procuring the arrest of the plaintiff and aided or abetted it. The complaint was dismissed on the conclusion of the evidence on behalf of the plaintiff, and, if unexplained, it. justified an inference that the defendant was a party to the unlawful arrest the court should not have taken the case from the jury. Upon the uncontradicted proof the plaintiff had a -valid claim against the defendant and went to his office to collect it. That the place…
2Cases cited1 opinion
- Burns v. . ErbenNew York Court of Appeals · 1869
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