Legal Opinion

Cassin v. . Delany

New York Court of Appeals

Decided March 5, 1868PublishedCited by 27 opinions

The Appellants are husband and wife. On the 21st day of November, 1855, Delany and wife procured the • arrest of the Respondent, upon a charge of embezzlement, preferred before Matthew T. Brennan, Esq., then one of the Police Justices of the city of New York. Upon this charge Cassin entered into a recognizance for his appearance at the next Court of General Sessions to be held in the city and county of New York.

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The Appellants are husband and wife. On the 21st day of November, 1855, Delany and wife procured the • arrest of the Respondent, upon a charge of embezzlement, preferred before Matthew T. Brennan, Esq., then one of the Police Justices of the city of New York. Upon this charge Cassin entered into a recognizance for his appearance at the next Court of General Sessions to be held in the city and county of New York. Delany and wife preferred their complaint before the Grand Jury at such Court, when the bill was dismissed. Cassin brought this action' in the New York Court of Common Pleas, in 1856,…

1Opinion of the Court

Hunt, Ch. J.

The questions in this case are these :

1. "Where a prosecution is maliciously instituted by a husband and wife, the latter acting in the presence and by the direction of the husband, is she personally liable for damages in such action ?

2. Is it competent to show, in such case, for the purpose of rendering her liable, that, in fact, the wife acted of her own motive and not sub potestate viri ?

3. If competent, was there evidence of such independent action in the present case ?

4. Had the General Term power, when they decided the amount found by the referee to be excessive, to order a…

2Cases cited1 opinion

  1. Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852

3Cited by27 opinions

  1. Whitehead v. . KennedyNew York Court of Appeals · 1877
  2. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
  3. Corcoran v. HarranWisconsin Supreme Court · 1882
  4. Mahoney v. RobertsSupreme Court of Arkansas · 1908
  5. Walker v. Erie Railway Co.New York Supreme Court · 1872

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