Doane v. Hescock
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Francis H. Doane and another against Ethan H. Hescock and others. From an order granting defendants’ motion for judgments on the pleadings, and a judgment entered thereon, plaintiffs appeal. Affirmed.
1Opinion of the CourtPage, J.
[1,2] It clearly appears that the complaint does not state facts sufficient to constitute a cause of process, nor are the allegations sufficient to support an action for malicious prosecution of a civil action in this state. There is no allegation that the action resulted in damages to the business or reputation of the defendant or that in any way his personal or property rights were interfered with. The sole allegation as to damage is the trouble, inconvenience, and expense of defending the action. This is not sufficient. Paul v. Fargo, 84 App. Div. 9, 11, 13 (dissenting opinion, 21), 82 N.…
2Cases cited3 opinions
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Fulton v. IngallsAppellate Division of the Supreme Court of the State of New York · 1914
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Miller v. SternAppellate Division of the Supreme Court of the State of New York · 1941
- Ring v. RingSupreme Court of Rhode Island · 1967
- Dorak v. County of NassauDistrict Court, E.D. New York · 1970
- Lobel v. Trade BankCity of New York Municipal Court · 1928