Mullen v. Sibley, Lindsay & Curr Co.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs to abide the event, and the case remitted to Supreme Court for a new trial..

We cannot conclude that the evidence in this case was sufficient, as a matter of law, to establish that the security-guard had probable cause to arrest appellant. According to appellant’s story, which might have been credited by the jury, after he had placed the box.containing the tie rack in his shopping bag without paying for it and headed for a door to the street, he was holding an inner vestibule door open, facing…