Nicholson v. Sternberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jonathan Sternberg, from a judgment of the County Court of Onondaga county in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 13th day of November, 1900, upon the verdict of a jury for $500 damages, and also from an order entered in said clerk’s office on the 14th day of November, 1900, denying said defendant’s motion for. a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order appealed from should he affirmed, with costs.
The action was brought to recover damages for alleged malicious prosecution. The appellant defendant instituted the prosecution of the plaintiff complained' of by making affidavit before the other defendant, Maine, a justice of the peace of the town of Manlius, Onondaga county, and procuring a warrant to be issued by such justice for the crime of obtaining food and other hotel accommodations at appellant’s hotel to the amount of fourteen dollars and thirty-one cents, and thereafter absconding and surreptitiously…
2Cases cited2 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Palmer v. AveryNew York Supreme Court · 1864
3Cited by12 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Skeffington v. EylwardSupreme Court of Minnesota · 1906
- Penton v. CanningWyoming Supreme Court · 1941
- Beall v. DadirrianNew York Supreme Court · 1909
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