Grinnell v. Stewart
New York Supreme Court
THIS was an appeal from a judgment rendered at special term, dismissing the complaint in an action for malicious prosecution and for false imprisonment.
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THIS was an appeal from a judgment rendered at special term, dismissing the complaint in an action for malicious prosecution and for false imprisonment. It was tried at the Hew York circuit before Justice Davis and a jury, October 15th, 1858. The complaint alleged that in 1856 the defendants caused the plaintiff to be arrested on a charge of having obtained certain property, and a contract by false pretenses; that a warrant was issued at Watertown, and sent to the sheriff of Hew York, who procured the plaintiff to be arrested, on the 24th December, 1856, and taken to Watertown; that he was in…
1Opinion of the Court
By the Court,
Bonney, J.
This is an action for malicious prosecution and false imprisonment. At the trial, after the testimony was closed, the presiding justice dismissed the complaint, on motion of the defendants’ counsel, on the grounds, 1. That malice was not shown, on the part of the defendants or either of them, in instituting the proceedings complained of. 2. That the plaintiff had not shown want of prohahle cause for instituting said proceedings, 3. That the detention of the plaintiff while held under the warrant issued in said proceedings, did not amount to false imprisonment.
The proof…
2Cases cited3 opinions
- Foshay v. FergusonNew York Supreme Court · 1846
- Murray v. LongNew York Supreme Court · 1828
- Vanderbilt v. MathisThe Superior Court of New York City · 1856
3Cited by9 opinions
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Scott v. Dennett Surpassing Coffee Co.Appellate Division of the Supreme Court of the State of New York · 1900
- United States Telegraph Co. v. WengerSupreme Court of Pennsylvania · 1867
- Vallon v. RamageNew York Supreme Court · 1949
- Bartlett v. HawleySupreme Court of Minnesota · 1888
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