Legal Opinion

Schultz v. Greenwood Cemetery

New York Supreme Court

Decided February 15, 1905PublishedCited by 3 opinions

Motion for leave to serve an amended answer. The answer was served in January, 1899. •

1Opinion of the Court

Gaynor, J.:

The complaint is for false imprisonment and malicious prosecution, in that the defendants arrested the plaintiff and had her detained without right, or cause, and followed it up by a malicious prosecution before a nlagistrate, the charge being that she violated section 647 of the Penal Code by picking a number of roses from bushes in the cemetery of the. corporate defendant. It is alleged in the complaint that the individual defendant acted for the corporate defendant in all he did in the matter.

The corporate defendant answered by a clean cut general denial, followed by a defence…

2Cases cited1 opinion

  1. Flack v. O'BrienNew York Supreme Court · 1897

3Cited by3 opinions

  1. Frank v. MillerAppellate Division of the Supreme Court of the State of New York · 1907
  2. Troy Automobile Exchange v. Home InsuranceNew York Supreme Court · 1918
  3. Oak Lane Country Day School v. Virginia Fire & Marine Insurance, Pennsylvania Court of Common Pleas, Montgomery County1926

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