Cousins v. Swords
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant-, Edward J. Swords, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of December, 1896, upon the decision of the court rendered after a trial at the New York Special Term overruling his demurrer to the plaintiff’s complaint, and also from an order entered in said clerk’s office on the 8th day of December, 1896, directing the entry of said…
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Appeal by the defendant-, Edward J. Swords, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of December, 1896, upon the decision of the court rendered after a trial at the New York Special Term overruling his demurrer to the plaintiff’s complaint, and also from an order entered in said clerk’s office on the 8th day of December, 1896, directing the entry of said judgment. The complaint in this action alleged: “II. That the defendant resides in the City of New York, and on the 8th day of…
1Opinion of the Court
Bumsey, J.:
It is not certain whether this action is brought to recover damages for false imprisonment of the plaintiff or for malicious prosecution, but in neither aspect of the case do we think that the complaint can . be sustained. .
If it was intended to sue for the false imprisonment the complaint is manifestly defective, because there is no allegation in it that the imprisonment of the plaintiff, which it is said was procured by the . defendant, was illegal, or was procured without a warrant. One of these things it is necessary to allege. (Addison on Torts [Wood’s ed.], *147)
It is claimed…
2Cases cited1 opinion
- Thaule v. . KrekelerNew York Court of Appeals · 1880
3Cited by8 opinions
- Foy v. BarryAppellate Division of the Supreme Court of the State of New York · 1903
- Fot v. BarryAppellate Division of the Supreme Court of the State of New York · 1903
- Bonnet v. WanamakerNew York Supreme Court · 1901
- Bienenfeld v. Mortgage CommissionCity of New York Municipal Court · 1936
- Cramer v. AikenCourt of Appeals for the D.C. Circuit · 1934
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