Carl v. . Ayers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff at circuit. The action was for malicious prosecution in charging plaintiff with stealing or attempting to steal a diamond pin, and for causing his arrest and imprisonment under such a charge.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff at circuit. The action was for malicious prosecution in charging plaintiff with stealing or attempting to steal a diamond pin, and for causing his arrest and imprisonment under such a charge. The parties, at the time of the transaction out of which the cause of action arose, were on a steamboat returning from an excursion to Coney Island. The evidence on the part of plaintiff was in substance that plaintiff was…
1Opinion of the CourtAndrews, J.
The court was not justified in nonsuiting, the plaintiff if there was any evidence of the want of probable cause for causing his arrest and imprisonment, or unless the case upon the whole proof was such that a verdict for the plaintiff upon that issue would have been set aside by the court as against evidence. (Marsten v. Deyo, 2 Wend., 424; Davis v. Hardy, 6 B. & C., 225.) If the evidence on the part of the plaintiff would have justified the jury in finding that the defendant acted without probable cause, then, although the proof on' the part of the defendant tended to the opposite…
2Cases cited3 opinions
- Foshay v. FergusonNew York Supreme Court · 1846
- Masten v. DeyoNew York Supreme Court · 1829
- Baldwin v. WeedNew York Supreme Court · 1837
3Cited by59 opinions
- Mark Cook v. Roberta Sheldon and Nelson Saldana, New York State TroopersCourt of Appeals for the Second Circuit · 1994
- Burt v. . SmithNew York Court of Appeals · 1905
- Dean v. . KochendorferNew York Court of Appeals · 1924
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Munoz v. City of New YorkNew York Court of Appeals · 1966
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