Russell v. Rhinehart
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Allan W. Russell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 23d day of July, 1909, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 12th day of July, 1909, settirig aside the verdict of a jury in favor of the plaintiff and dismissing the…
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Appeal by the plaintiff, Allan W. Russell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 23d day of July, 1909, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 12th day of July, 1909, settirig aside the verdict of a jury in favor of the plaintiff and dismissing the complaint.- . ' ' ' '
1Opinion of the Court
Burr, J.:
This is an action for malicious prosecution. At the close of plain.tiff’s case defendant moved for a nonsuit upon the ground that it' affirmatively appeared that probable cause existed. Decision was reserved and the trial proceeded. At the close of the entire case the motion was renewed, and a motion was also made to direct a verdict for defendant upon the same ground. Decisión was • again reserved, and the court submitted the case to the jury to find a general verdict. The jury found for plaintiff in the sum of $2,000. Thereafter the verdict was set aside, and'the motion to dismiss…
2Cases cited5 opinions
- Scott v. Dennett Surpassing Coffee Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Azzara v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Levy v. Grove Mills Paper Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Spilker v. AbrahamsAppellate Division of the Supreme Court of the State of New York · 1909
- Sullivan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by10 opinions
- Blyth v. J. M. Quinby & Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Specht v. Waterbury Co.New York Supreme Court · 1911
- Burns v. New York & Long Island Traction Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Slater v. United Traction Co.New York Supreme Court · 1916
- Baas v. LawrenceCity of New York Municipal Court · 1917
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