Paul v. Fargo
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term,- Herkimer County. Action by George R. Paul against James C. Fargo, as president of the Adams Express Company. From a judgment for defendant, plaintiff appeals.
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Appeal from Trial Term,- Herkimer County. Action by George R. Paul against James C. Fargo, as president of the Adams Express Company. From a judgment for defendant, plaintiff appeals. The action was begun on the 8th day of January, 1902, to recover damages alleged to have been sustained by the plaintiff on account of the commencement and prosecution of a civil action against him by the defendant, which resulted in a final judgment of no cause of action in favor of this plaintiff, the defendant in that action.
1Opinion of the CourtMcLENNAN, J.
The learned trial court ruled and decided, in substance, that in an ordinary civil action, where the person or property of the defendant is not interfered with, as by injunction, attachment, arrest, or some other provisional remedy, the defendant, although successful, is not entitled to maintain an action of malicious prosecution against the plaintiff, notwithstanding such action may have been instituted and prosecuted" without probable cause and maliciously, and resulted in damage to the defendant in excess of the costs recovered by him. Such ruling presents the only question which need be…
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