Foland v. Johnson
New York Supreme Court
Appeal from an order sustaining a demurrer to separate answers of the defendants. This action was brought by John H. Foland against Edward Johnson and Robert Squires, to recover $500 damages for assault and battery and false imprisonment. The facts and pleadings are set forth in the opinion. The plaintiff demurred to the answers of the defendants ; the demurrer was sustained, and defendants- appealed.
1Opinion of the Court
By the Court.*—Hogeboom, J.
The complaint is in the ordinary form in an action of assault and battery and false imprisonment, and charges the defendants, in substance, with seizing the plaintiff; and forcing and compelling him to go from the town of Schodack to the county-jail in the city of Troy, and then and there imprisoning and detaining the plaintiff, without any reasonable or probable cause, for the space of ninety days, to his damage five hundred dollars.
The separate answer of the defendant Johnson states, 1. That he denies every allegation in the complaint, “ except as hereinafter…
2Cases cited2 opinions
- Bush v. . ProsserNew York Court of Appeals · 1854
- Gilbert v. RoundsNew York Supreme Court · 1857
3Cited by4 opinions
- Reed v. Union Central Life InsuranceUtah Supreme Court · 1900
- United States v. OrdwayUnited States Circuit Court · 1887
- Beckett v. LawrenceNew York Supreme Court · 1869
- Wehle v. ButlerThe Superior Court of New York City · 1871