Legal Opinion
Warren v. Dennett
City of New York Municipal Court
Decided May 15, 1896PublishedCited by 3 opinions
Appeal from judgment in favor of the plaintiff, entered upon a verdict.
1Opinion of the CourtMcCarthy, J.
This is an action to recover damages for personal injuries and it is claimed that the complaint presents two" distinct causes of action, one for false imprisonment and the other for malicious prosecution. It is true that both causes of action can he presented in the same complaint and are consistent with each other, and the one is not destructive of the other (Marks v. Townsend, 97 N. Y. 590, 594), but both actions cannot he maintained on the saíne state of facts. Cunningham v. East River Elec. Light Co., 17 N. Y. Supp. 372 ; Ackroyd v. Ackroyd, 3 Daly, 38.
In the one for false imprisonment…
2Cases cited11 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Marks v. . TownsendNew York Court of Appeals · 1885
- Burns v. . ErbenNew York Court of Appeals · 1869
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- McKown v. . HunterNew York Court of Appeals · 1864
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
- Dixon v. City of RenoNevada Supreme Court · 1920
- Simmon v. BloomingdaleCity of New York Municipal Court · 1903