Murphy v. Eidlitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas J. Murphy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 17th day of January, 1907,' upon the verdict of a jury dismissing the complaint upon the "merits, and'also from an order entered in said clerk’s office on the 21st day of January, 1907,.denying the plaintiff’s.motion for anew trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The defendant has the judgment upon the verdict of the jury in this action for malicious prosecution. ■
At trial the defendant called a deputy assistant district attorney to prove his advice as advice of counsel. The plaintiff objected" on the ground that the alleged advice was given after the fact, that it was not a-defense and not a procuring cause of the arrest, inasmuch as the arrest was made on January twentieth and the alleged advice was given a week thereafter. The court, remarked it “ was a reason why they went on with it.” The' counsel for the plaintiff retorted that the…
2Cases cited7 opinions
- Blunt v. LittleU.S. Circuit Court for the District of Massachusetts · 1822
- Bradner v. . FaulknerNew York Court of Appeals · 1883
- Hazzard v. . FluryNew York Court of Appeals · 1890
- Scott v. Dennett Surpassing Coffee Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Parr v. LoderAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by3 opinions
- James Morrissey, Plaintiff-Appellant-Appellee v. National Maritime Union of America, Defendant-Appellant-Appellee, and Joseph CurranCourt of Appeals for the Second Circuit · 1976
- Indianapolis Traction & Terminal Co. v. HenbyIndiana Supreme Court · 1912
- MacDonnell v. McConvilleAppellate Division of the Supreme Court of the State of New York · 1911