Merkley v. Cline
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eaymond L. Cline, from a judgment of the Supreme Court in favor of the plaintiff, entered in the„ office of the clerk of the county of Montgomery on the 6th day of-July, 1910, upon the verdict of a jury for $800, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Per curiam
The action is for malicious prosecution. The plaintiff was arrested and taken before a magistrate and after examination was held to await the action of the grand jury.
Aside from the damages suffered .by the plaintiff the principal question litigated was the existence of probable cause for the arrest of the plaintiff.
At the close of the charge the defendant’s counsel asked the learned trial court to instruct the jury “ that the fact .that the justice held the plaintiff to await the action of the grand jury is presumptive evidence of probable cause;” This was refused and an exception taken.
It…
2Cases cited1 opinion
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
3Cited by2 opinions
- Farley v. Sixteen Bottles of Champagne & Divers Other LiquorsAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Judicial Settlement of the Accounts of BenjaminNew York Surrogate's Court · 1912