Perkins v. Mitchell
New York Supreme Court
APPEAL from an order made at a special term, overruling a demurrer to the complaint. The complaint was as follows: First. That at the times hereinafter mentioned, and for some time previous thereto, the plaintiff was a resident of the city of ¡¡Brooklyn, and was engaged in the business of commission merchant and ship chandler, at No. 39 South street, in the city of New York, and was deriving profits and emoluments. therefrom, for the support of himself and his family.
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APPEAL from an order made at a special term, overruling a demurrer to the complaint. The complaint was as follows: First. That at the times hereinafter mentioned, and for some time previous thereto, the plaintiff was a resident of the city of ¡¡Brooklyn, and was engaged in the business of commission merchant and ship chandler, at No. 39 South street, in the city of New York, and was deriving profits and emoluments. therefrom, for the support of himself and his family. Second. That on or about the 4th day of December, 1858, at the city of Brooklyn aforesaid, the said defendant, well knowing…
1Opinion of the Court
By the Court, Emott, J.
The first, and a very material subject of inquiry in this case is, the character of the injury for which this action is brought. Is it for libel or defamation, or for a malicious prosecution, or for false imprisonment ? The plaintiff’s counsel contends that his complaint is good in either of these aspects. There is nothing, however, in the case stated by the complaint to sustain a suit against the defendant for a malicious prosecution. It does not allege that the defendant commenced or instigated the prosecution against the plaintiff, if the proceedings mentioned in the…
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- Stone v. CooperNew York Supreme Court · 1845
- Thorn v. BlanchardCourt for the Trial of Impeachments and Correction of Errors · 1809
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