Guilleaume v. . Rowe
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made April. 30, 1882, which reversed a judgment in favor of the defendants, entered upon an order dismissing the complaint on trial, and which granted a new trial. (Reported below, 16 J. & S. 169.) This was an action for false imprisonment. The defendants employed an attorney to bring an action against the plaintiff, who obtained judgment in their favor.
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Appeal from order of the General Term of the Superior Court of the city of New York, made April. 30, 1882, which reversed a judgment in favor of the defendants, entered upon an order dismissing the complaint on trial, and which granted a new trial. (Reported below, 16 J. & S. 169.) This was an action for false imprisonment. The defendants employed an attorney to bring an action against the plaintiff, who obtained judgment in their favor. An execution against property was returned unsatisfied, and the attorney then issued an execution against the person. By virtue of it the plaintiff was…
1Opinion of the CourtDanforth, J.
Hpon this appeal the defendants must be held to the point on which they succeeded at the trial term. They then conceded that the arrest of the plaintiff was by virtue of an execution fot which there was no authority in law, but had him turned out of court on the sole ground that there was no evidence showing that either of the defendants authorized the issuing of the execution or his arrest. The General Term were of opinion that a case was made out by the plaintiff, and we agree with that court. A party is bound by the acts of his attorney, although he does not give immediate direction as to…
2Cases cited2 opinions
- Poucher v. . BlanchardNew York Court of Appeals · 1881
- Evans v. BegleysNew York Supreme Court · 1829
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- Racoosin v. Le Schack & Grodensky, P. C.New York Supreme Court · 1980
- Nossek v. A. H. Todd & SonNew York Supreme Court · 1936
- White v. E. C. McKallor Drug Co.Appellate Division of the Supreme Court of the State of New York · 1933
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