Hazzard v. . Flury
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made January 23, 1883, which affirmed a judgment in favor of the plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover damages for malicious prosecution. The facts so far as material are-stated in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made January 23, 1883, which affirmed a judgment in favor of the plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover damages for malicious prosecution. The facts so far as material are-stated in the opinion. The plaintiff in order to-maintain his action, was bound to show that, in causing his. arrest and subsequent prosecution, the defendant was actuated by malice, and also that he had no probable cause to believe that plaintiff was…
1Opinion of the CourtParkee, J.
The only question requiring consideration is presented by an exception to the charge. The court instructed the jury that the plaintiff did not commit an offense and defendant did not have probable cause to believe that he had, and submitted to their consideration the question of malice only. The defendant excepted. Where facts are undisputed and but one inference can be drawn from them, the question of probable cause is one of law for the court.
The facts, so far as that proposition is concerned, are not in dispute. If then, they do not permit an inference that defendant had probable cause to…
2Cases cited1 opinion
- Carl v. . AyersNew York Court of Appeals · 1873
3Cited by33 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- James Morrissey, Plaintiff-Appellant-Appellee v. National Maritime Union of America, Defendant-Appellant-Appellee, and Joseph CurranCourt of Appeals for the Second Circuit · 1976
- Munoz v. City of New YorkNew York Court of Appeals · 1966
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Ford Motor Credit Co. v. Hickey Ford Sales, Inc.New York Court of Appeals · 1984
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