Cook v. Bartlett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wesley A. Bartlett,-from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Steuben on the 17th day of April, 1905, upon the verdict of a jury for $175, and also from an order entered in said cleric’s office on the 1st day of May', 1905, denying the defendant’s motion for a new trial made upo'n the minutes. The action is for malicious prosecution.
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Appeal by the defendant, Wesley A. Bartlett,-from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Steuben on the 17th day of April, 1905, upon the verdict of a jury for $175, and also from an order entered in said cleric’s office on the 1st day of May', 1905, denying the defendant’s motion for a new trial made upo'n the minutes. The action is for malicious prosecution. The defendant was a railroad ticket broker at Addison, ÍST. Y. He had in his possession a mileage book issued by the Erie Railroad Company in the name of L. Orr.…
1Opinion of the Court
Kruse, J.:
We think the judgment appealed from cannot be sustained. While we are disposed to agree with the trial court that the undisputed facts show that the 'criminal proceeding brought against the plaintiff by the defendant was-without probable cause,- we cannot assent to the proposition that this alone -entitled the plaintiff to recover and required the jury to find a verdict for substantial damages. Such, we think, was the effect of the holding and charge of the learned trial justice.
Nor can we agree with the holding that the defendant could not purchase the mileage book or become the…
2Cases cited4 opinions
- McKown v. . HunterNew York Court of Appeals · 1864
- Parr v. LoderAppellate Division of the Supreme Court of the State of New York · 1904
- Langley v. East River Gas Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Fetzer v. BurlewAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Inc. Society of Saint Maria Del Buoncammino v. LorussoNew York Supreme Court · 1957
- Baumstein v. RothkrugAppellate Division of the Supreme Court of the State of New York · 1924
- People v. RipleyNew York Court of Special Session · 1916