Legal Opinion

Ames v. Rathbun

New York Supreme Court

Decided May 10, 1869PublishedCited by 2 opinions

APPEAL by the defendants from a judgment entered upon the verdict of a jury, and from an order denying, a motion for a new trial. The action was brought to recover damages for a malicious prosecution. The defendants brought an action against the plaintiff in one of the district courts of the city of blew York for fraud, in obtaining money by means of false and fraudulent representations.

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APPEAL by the defendants from a judgment entered upon the verdict of a jury, and from an order denying, a motion for a new trial. The action was brought to recover damages for a malicious prosecution. The defendants brought an action against the plaintiff in one of the district courts of the city of blew York for fraud, in obtaining money by means of false and fraudulent representations. Being arrested, the plaintiff herein gave bail, and on the adjourned day the parties appeared, and proceeded with the trial. The justice, after hearing the proofs in the case, dismissed the complaint. This…

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 the opinion that the amendment was properly allowed. The complaint contained all. the averments…

2Cases cited1 opinion

  1. Parker v. JervisNew York Court of Appeals · 1867

3Cited by2 opinions

  1. Ramsey v. ArrottTexas Supreme Court · 1885
  2. Davidoff v. Wheeler & Wilson Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1896

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