Brown v. Smallwood
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wilbur F. Smallwood, from a judgment of the Supreme Court in favor óf the plaintiff, entéred in the-office of the clerk of the county of Erie on the 20th day of October, 1902, upon the verdict of a jury, and also from an order entered iit said clerk’s office on the 20th day of October, 1902, denying the said defendant’s motion for a new trial made upon a case containing exceptions.
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Appeal by the defendant, Wilbur F. Smallwood, from a judgment of the Supreme Court in favor óf the plaintiff, entéred in the-office of the clerk of the county of Erie on the 20th day of October, 1902, upon the verdict of a jury, and also from an order entered iit said clerk’s office on the 20th day of October, 1902, denying the said defendant’s motion for a new trial made upon a case containing exceptions. The action was commenced in July, 1900, to recover damages sustained by the plaintiff on account of his prosecution by the ■defendant, alleged to have been malicious and without probable…
1Opinion of the Court
McLennan, J. :
The facts, so far as material, may be summarized as follows: The plaintiff, who resided with his wife, Elizabeth T. Brown, was a lawyer engaged in the practice of his profession in the city of Buffalo, N. Y. . On the 11th day of January, 1897, the Citizens’ Bank of Le Roy, 2L Y., of which the defendant was president, issued to Elizabeth T. Brown a certificate for ten shares of the capital stock of the bank, of the face value of $100 each. On the back of the certificate was a blank assignment and. power of attorney. On January 26, 1897, this certificate was pledged to the bank as…
2Cases cited2 opinions
- Palmer v. HaskinsNew York Supreme Court · 1858
- Enos v. EnosNew York Supreme Court · 1890
3Cited by4 opinions
- Rupert v. SellersAppellate Division of the Supreme Court of the State of New York · 1975
- Baer v. ChambersWashington Supreme Court · 1912
- Walrus Manufacturing Co. v. Excel Metal Cabinet Co.District Court, W.D. New York · 1957
- Wilson v. Onondaga Radio Broadcasting Corp.New York Supreme Court · 1940