Weaver v. Townsend
New York Supreme Court
Error from the Yates common pleas. Weaver sued Townsend in an action on the ease for a malicious prosecution, in causing him to be arrested on a warrant issued by a justice on a charge of felony, from which arrest he was discharged by the justice after an examination of the complainant.
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Error from the Yates common pleas. Weaver sued Townsend in an action on the ease for a malicious prosecution, in causing him to be arrested on a warrant issued by a justice on a charge of felony, from which arrest he was discharged by the justice after an examination of the complainant. On the trial, the following facts appeared: In May, 1832, two persons of the names of Green and Finley, being indebted to the plaintiff, turned out to him a pair of horses as security for the payment of the debt they owed him-— the plaintiff to have the right to take them when he pleased, and to keep them…
1Opinion of the Court
By the Court,
Nelson, J.
The only question in this case Is, whether in judgment of law there was sufficient evidence of the want of probable cause, which constitutes an indispensable ingredient to the maintenance of this action. Where there is no dispute as to the facts, the question of probable cause or not is one of law; when the facts are controvert* ed, they should be submitted to the jury, with proper instructions as to the law.
We are to assume all the facts bearing upon this point to be true, for it must have been upon that supposition only that *194the court below made their decision. They…
2Cases cited1 opinion
- Jackson v. DelacroixNew York Supreme Court · 1829
3Cited by5 opinions
- Howard v. ThompsonNew York Supreme Court · 1839
- Hall v. SuydamNew York Supreme Court · 1849
- Bartlett v. HawleySupreme Court of Minnesota · 1888
- Moulton v. BeecherNew York Supreme Court · 1876
- Fagnan v. KnoxThe Superior Court of New York City · 1875