Boyleston v. Kerr
New York Court of Common Pleas
Appeal by the defendants from a judgment of the Marine Court at general term. The action was brought for false imprisonment.
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Appeal by the defendants from a judgment of the Marine Court at general term. The action was brought for false imprisonment. The plaintiff testified that he went into defendant’s saloon, and called for dinner to the amount of fifteen cents, received a check for that amount, and paid it to the bar tender; that after he had reached the street, the defendant came out, and had plaintiff arrested by a policeman, and taken to the Jefferson Market Police Court, and detained there four hours. The plaintiff resting, the judge held that the answer, even if true, did not constitute a defense; but…
1Opinion of the Court
Daly, F. J.
We cannot say that the justice erred. The act for which the plaintiff was arrested was not a criminal offense. He was supplied with certain articles of food at the defendant’s eating saloon, and received a check indicating the *222amount to be paid at the bar, which check, it was alleged, he kept, and substituted in its place one which he had in his possession for a much smaller amount, which was taken as the true voucher, and the amount of which only, he paid. However reprehensible or contemptible such an act may have been, it was not one for which he could be punished criminally, and…
2Cited by3 opinions
- Kolzem v. Broadway & Seventh Avenue RailroadNew York Court of Common Pleas · 1892
- Lauffer v. DownesAppellate Division of the Supreme Court of the State of New York · 1917
- Sternack v. BrooksNew York Court of Common Pleas · 1877