Sayles v. Hoetzel
New York Supreme Court
Appeal from supreme court, Wayne county. Action by Manly T. Sayles against Charles F. Hoetzel fof malicious prosecution. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtLewis, J.
This action was for malicious prosecution. The defendant caused the arrest of the plaintiff for the crime of petit larceny. He presented to the magistrate, when he applied for the warrant, his own affidavit, in which he charged the plaintiff with entering defendant’s barn in the village of Newark on the 21st day of March, 1889, and feloniously taking and carrying away several articles of personal property, described in the affidavit, of the value of eight dollars, the property of the defendant. The affidavit contains the statement: “And that said Sayles was remonstrated with as to the taking…
2Cases cited1 opinion
- Strauss v. Belle Realty Co.New York Court of Appeals · 1985