Palmer v. Avery
New York Supreme Court
ACTION for malicious prosecution. The action was commenced April 14, 1862. At that time an action was pending in a justice’s court, in-which Avery was plaintiff and Palmer was defendant, for the same demands which had been in issue in tw7o former suits commenced by Avery against Palmer, both of which had gone down in consequence of the failure of Avery to appear on the adjourned day.
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ACTION for malicious prosecution. The action was commenced April 14, 1862. At that time an action was pending in a justice’s court, in-which Avery was plaintiff and Palmer was defendant, for the same demands which had been in issue in tw7o former suits commenced by Avery against Palmer, both of which had gone down in consequence of the failure of Avery to appear on the adjourned day. The third and last suit was tried before Cornelius Mogg, Esq. a justice of the peace, on the 3d day of January, 1862, and Avery obtained a judgment for one hundred dollars damages. Both of the parties were…
1Opinion of the CourtMorgan, J.
The, case shows that the defendant preferred claims against the plaintiff for medical services, and also for $92, balance alleged to be due on a sale by the defendant to the plaintiff of his interest in a canal contract; that he sued the plaintiff once before J. Hurst, Esq., a justice of the peace of the city of Syracuse, and that his attorneys declared only for the balance due on the canal contract; that issue was joined (Palmer appearing in person, and Avery not appearing except by attorney,) that Avery did not appear on the adjourned day, and the suit went down; that Avery again sued him…
2Cases cited6 opinions
- Burt v. PlaceNew York Supreme Court · 1830
- Besson v. . SouthardNew York Court of Appeals · 1851
- Goodrich v. WarnerSupreme Court of Connecticut · 1852
- Payson v. CaswellSupreme Judicial Court of Maine · 1842
- Witham v. GowenSupreme Judicial Court of Maine · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Ross v. HixonSupreme Court of Kansas · 1891
- Penton v. CanningWyoming Supreme Court · 1941
- Desmond v. FawcettMassachusetts Supreme Judicial Court · 1917
- Hale v. BoylenWest Virginia Supreme Court · 1883
14 more not listed; retrieve them via the Exa API.