Legal Opinion

Smith v. New York Anti-Saloon League

Appellate Division of the Supreme Court of the State of New York

Decided October 23, 1907PublishedCited by 4 opinions

Appeal by the defendant, The New York Anti-Saloon League, from a judgment of the City Court of Mount Vernon in favor of the plaintiff, entered in the office of the clerk of said court on the 5th day of February, 1906, upon the verdict of a jury for $200, and also from an order beariug'date the 2'Ttli day of February, 1906, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, The New York Anti-Saloon League, from a judgment of the City Court of Mount Vernon in favor of the plaintiff, entered in the office of the clerk of said court on the 5th day of February, 1906, upon the verdict of a jury for $200, and also from an order beariug'date the 2'Ttli day of February, 1906, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. The action was for damages for malicious prosecution.

1Opinion of the Court

Gaynor, J.:

It cannot be gainsaid that the jury could have found the foliow^ ir.g facts from the evidence, direct' and circumstantial. The defendant Was. incorporated “ especially to form and foster public sentiment by agitation and education against the liquor traffic, and to direct that sentiment toward the enactment and enforcement of laws restricting and suppressing the traffic in intoxicating liquors as a' *602beverage ”,/ as- appears from its certificate of incorporation. It employed one Dodge :as its chief detective to find out violations of the liquor law. It paid him. a regular salary,…

2Cited by4 opinions

  1. Boose v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1979
  2. Biener v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975
  3. Watson v. City of New YorkCivil Court of the City of New York · 1968
  4. Rothschild v. BiermanNew York Supreme Court · 1938

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