Danzer v. Nathan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, G-ustav Danzer,. from a judgment of the Supreme Court in favor of defendants, entered in the office of the clerk of the county of Kings on the 28th day of May, 1910, .upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of June, 1910, denying, the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
The action is for malicious prosecution. From a judgment entered upon a verdict in favor of the defendants and from an order denying a motion for a new trial, this appeal is taken.
There was a sharp conflict in the evidence. It is impossible to conclude that such conflict arose from honest mistake. Some of the witnesses were clearly guilty of perjury. We are not prepared to say that the jury were not justified in accepting as credible the testimony offered on behalf of the defendants.
From the evidence in the case the jury were justified in finding the following facts: Defendants were…
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