Hart v. McLaughlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Max Hart, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Few York on the 18th day of December, 1899, upon the verdict of a jury, and also from an order bearing date the 15th day of December, 1899, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The action was for malicious prosecution. The defendant was a witness in his own behalf. In the course of his testimony he swore that in the month of January,. 1897, and before'he had made the complaint upon which Hart was arrested, and which lay at the basis of the action, he Mad a talk with one Elkan, and he was asked what Elkan said to him about Hart. The question "was objected to as *412incompetent, immaterial, irrelevant and hearsay. The objection was overruled and the plaintiff’s counsel excepted to the ruling. In reply to the question and to. several others of the same nature…
2Cases cited2 opinions
- Barron v. MasonSupreme Court of Vermont · 1858
- People v. . GreenwallNew York Court of Appeals · 1888
3Cited by3 opinions
- Kravitz v. Long Island Jewish-Hillside Medical CenterAppellate Division of the Supreme Court of the State of New York · 1985
- People v. KingAppellate Division of the Supreme Court of the State of New York · 1924
- State Bank v. WilchinskyNew York Supreme Court · 1909