Dann v. Wormser
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Susan Dann, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York.on the 21st- day of May, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Willard Bartlett, J. :
The complaint sets out a cause of action for malicious prosecution. At the close of the plaintiff’s case counsel for the defendant moved' that the plaintiff elect whether he desired to proceed upon the theory of malicious prosecution or false imprisonment. The plaintiff’s, counsel declined so to elect, whereupon the defendant moved to dis*461miss the complaint on the ground, that the plaintiff had failed to establish a- cause of action, and the court granted the motion. The costs awarded by the judgment against the plaintiff, who is a domestic servant, include an extra…
2Cases cited3 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Dennis v. . RyanNew York Court of Appeals · 1875
- Miller v. MilliganNew York Supreme Court · 1866
3Cited by5 opinions
- Anderson v. DyerAppellate Division of the Supreme Court of the State of New York · 1919
- Grew v. Mountain Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Halsey v. New York Society for the Suppression of ViceAppellate Division of the Supreme Court of the State of New York · 1920
- Dempsey v. MastoAppellate Division of the Supreme Court of the State of New York · 1981
- Reade v. HalpinNew York Supreme Court · 1920