Tupper v. Morin
New York Supreme Court
At chambers. Action by Edith S. Tupper against Martin Morin for damages caused by the arrest of plaintiff in the city of Toronto, province of Ontario, on a criminal charge, pursuant to a telegram sent by defendant as chief, of police of the city of Buffalo. Defendant now moves to vacate an order of arrest heretofore granted, and to change the place of trial from New York county to Erie county, in which the city of Buffalo is situated.
1Opinion of the CourtDaniels, J.
There can be no serious cause for doubting the jurisdiction of this court over this action, either as one for false imprisonment or malicious. prosecution. The facts, if the defendant’s liability shall be maintained, will probably warrant its characterization as false imprisonment. It is not within the rule mentioned in Burdick v. Freeman, 46 Hun, 138,1 or either of the authorities supposed to apply to it; for in this action the plaintiff resides in the city of New York, and the defendant in the city of Buffalo. If jurisdiction over the action should be declined, then the plaintiff would be…
2Cases cited1 opinion
- People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850
3Cited by7 opinions
- Murphy v. CallanAppellate Division of the Supreme Court of the State of New York · 1902
- King v. MilnerSupreme Court of Colorado · 1917
- Madden v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1897
- Hankins v. HanfordAppellate Division of the Supreme Court of the State of New York · 1901
- Hart v. GrantSouth Dakota Supreme Court · 1896
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