Clark v. Palmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Daniel Clark, an infant, by William P. Clark, his guardian ad litem, • from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Essex on the 5th day of December, 1905, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Essex Trial Term.
1Opinion of the Court
Kellogg, J.:
The appellant’s contention that the action is for false imprisonment as well as for malicious prosecution is not well founded. The action rests solely upon the charge that the plaintiff was arrested on a process at the instigation of ' defendant, upon a false charge, and without just and probable cause. The allegation that the defendant, without just or probable cause, made complaint against. the plaintiff and "wrongfully and unlawfully caused his arrest and imprisonment upon the false charge that he had placed obstructions upon the track, etc., does not charge or foreshadow the…
2Cases cited3 opinions
- Carl v. . AyersNew York Court of Appeals · 1873
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Bankell v. WeinachtAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Sippell v. SalmowitzNew York Supreme Court · 1908