Ackroyd v. Ackroyd
New York Court of Common Pleas
Appeal by the defendant from a judgment of the general term of the Marine Court. The action was brought for false imprisonment. The complaint alleged that the defendant, on the 7th December, 1865, with “ malicious intent to injure the plaintiff, and without any reasonable or probable cause therefor, and without any right or authority so to do,” unlawfully seized and arrested him, &c.
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Appeal by the defendant from a judgment of the general term of the Marine Court. The action was brought for false imprisonment. The complaint alleged that the defendant, on the 7th December, 1865, with “ malicious intent to injure the plaintiff, and without any reasonable or probable cause therefor, and without any right or authority so to do,” unlawfully seized and arrested him, &c. It appeared that, at the time of the arrest, an action was pending in the Supreme Court, in which Jonathan Ackroyd was plaintiff, and Edmund Ackroyd defendant, for an accounting ; and that, in such action, on the…
1Opinion of the Court
By the Court.
Barrett, J.
This action was not what would formerly have been denominated case, as the appellant claims, but trespass." It was false imprisonment for an arrest without lawful process, and not malicious prosecution. The material averment in the complaint, is, that the defendant “unlawfully seized and arrested the plaintiffthat of malice and want of probable cause may be treated as surplusage or as matter merely in aggravation of damages. The action itself was well brought. The attachment under which the present plaintiff was arrested, was not only irregular but" absolutely void. It…
2Cases cited1 opinion
- Kerr v. . MountNew York Court of Appeals · 1863
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- Cunningham v. East River Electric Light Co.The Superior Court of the City of New York and Buffalo · 1892
- Warren v. DennettCity of New York Municipal Court · 1896
- Cunningham v. East River Electric Light Co.The Superior Court of New York City · 1892
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