Bankell v. Weinacht
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Weinacht, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of Hay, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of Hay, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The plaintiff, George W. Bankell, was arrested upon the 11th day of April, 1901, upon a warrant sworn out by the defendant, charging him with the larceny of four dollars and sixty-eight cents. Upon his examination before the magistrate he was held for trial and gave bail in the sum of five hundred dollars. Upon the 7th day of June, 1901, he was tried in the Court of Special Sessions and acquitted, and thereupon he brought this action for malicious prosecution and false imprisonment. The plaintiff was an employee of the Morris European and American Express Company, with which company…
2Cases cited5 opinions
- Carl v. . AyersNew York Court of Appeals · 1873
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Besson v. . SouthardNew York Court of Appeals · 1851
- Anderson v. . HowNew York Court of Appeals · 1889
- Kutner v. FargoAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Mezzacapo v. KrivisAppellate Division of the Supreme Court of the State of New York · 1930
- Clark v. PalmerAppellate Division of the Supreme Court of the State of New York · 1906