Fetzer v. Burlew
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James V. Burlew, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 17th day of April, 1905, upon the verdict of a jury for $100, and also from an order bearing date the 10th day of April, 1905, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The action is for malicious prosecution. The plaintiff had been in the employ of the defendant as a meat cutter in Painted Post in said county of Steuben, and in ¡November, 1901, started a small shop in that village. Occasionally when in need of meat he went to the defendant’s shop purchasing a few pounds, sometimes doing the cutting and weighing himself and paying cash or receiving credit as he preferred. In January, 1905, he went to the defendant’s shop and there was no one in charge. Mrs. Craig, a lady customer, was waiting. The plaintiff inquired for the defendant and when…
2Cases cited5 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Besson v. . SouthardNew York Court of Appeals · 1851
- Hazzard v. . FluryNew York Court of Appeals · 1890
- Parr v. LoderAppellate Division of the Supreme Court of the State of New York · 1904
- Langley v. East River Gas Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Cook v. BartlettAppellate Division of the Supreme Court of the State of New York · 1906