Hamilton v. Davey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fred Hamilton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 5th day of August, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term.
1Opinion of the Court
Goodrich, P. J.:
The complaint sets out a cause of action to recover damages for malicious prosecution. It also contains allegations which are usual in actions for false imprisonment, but the trial proceeded upon the theory that it was an action for malicious prosecution.
It is well settled that four things must be shown in such an action: First, the institution of the proceedings; second, a want of probable cause; third, malice; fourth, the termination of the prosecution in favor of the plaintiff. The answer admits that the defendant entered a complaint before a justice of the peace, and that…
2Cases cited3 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Besson v. . SouthardNew York Court of Appeals · 1851
- Masten v. DeyoNew York Supreme Court · 1829
3Cited by3 opinions
- Grew v. Mountain Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1920
- O'Dell v. HatfieldNew York Supreme Court · 1903
- Rawson v. LeggettAppellate Division of the Supreme Court of the State of New York · 1904