Ames v. Rathbun
New York Supreme Court
This action was brought by the plaintiff against the defendants to recover damages for a malicious prosecution: The plaintiff was arrested by the defendants in a justice’s court in New York city. The action in which he was arrested was for fraud, the defendants alleging that he had obtained money from them by means of false and fraudulent representations.
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This action was brought by the plaintiff against the defendants to recover damages for a malicious prosecution: The plaintiff was arrested by the defendants in a justice’s court in New York city. The action in which he was arrested was for fraud, the defendants alleging that he had obtained money from them by means of false and fraudulent representations. He gave bail, and on the adjourned day the respective parties appeared and proceeded with the trial, and the j ustice, after hearing the proofs in the case, dismissed the complaint. One of the defendants died, leaving no property; the other…
1Opinion of the Court
By the court, Gilbert, J.
The only exception taken by the defendants, was to the admission of evidence of the dismissal of the complaint in the action in which the plaintiff was arrested, The objection to this evidence was, that the complaint contained no averment of the fact sought to be proved. But it was at once obviated by an amendment allowed by the court, to which no exception was taken. The evidence, therefore, was properly received, even if‘the amendment was improperly allowed. But we are of opinion that the amendment was properly allowed. The complaint contained all the averments,…
2Cited by3 opinions
- Colton Land & Water Co. v. RaynorCalifornia Supreme Court · 1881
- Moulton v. BeecherNew York Supreme Court · 1876
- Willard v. HolmesNew York Court of Common Pleas · 1893