McKown v. . Hunter
New York Court of Appeals
The action ivas for malicious prosecution, -in making a complaint against the plaintiff, before an Albany police justice, on a charge of perjury. The cause, in which the plaintiff was alleged to have testified falsely, was tried at the Albany circuit, on the 23d of January, 1857. The action was on a bond of Joseph Hunter, the defendant's son, for the support of his wife according to his means.
Read the full summary
The action ivas for malicious prosecution, -in making a complaint against the plaintiff, before an Albany police justice, on a charge of perjury. The cause, in which the plaintiff was alleged to have testified falsely, was tried at the Albany circuit, on the 23d of January, 1857. The action was on a bond of Joseph Hunter, the defendant's son, for the support of his wife according to his means. The defendant was a surety in -the bond, and on his undertaking to protect him, William Wilcox also became a surety. Two actions were brought on .the bond, one against each of the sureties: The suit…
1Opinion of the CourtHogeboom, J.
Tins is an action for malicious prosecution, and its essential elements are the want of probable cause and malice. (Vanduzor v. Linderman, 10 Johns. 106.) These it belongs to the plaintiff affirmatively to prove, or to introduce evidence in regard to them from which they may be legitimately inferred.- (McCormick v. Sisson, 7 Cow. 715; Murray v. Long, 1 Wend. 140; Bulkley v. Smith,, 2 Duer, 261; Van Latham v. Rowan, 17 Abb. Pr. Rep. 238, 248.) Whatever the plaintiff may prove, the defendant is at liberty to disprove. He is, therefore,' at liberty to show both the absence of malice and.the…
2Cases cited6 opinions
- Forbes v. . WallerNew York Court of Appeals · 1862
- Murray v. LongNew York Supreme Court · 1828
- M'Cormick v. SissonNew York Supreme Court · 1827
- Bulkeley v. SmithThe Superior Court of New York City · 1853
- Griffin v. . MarquardtNew York Court of Appeals · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Runo v. WilliamsCalifornia Supreme Court · 1912
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
53 more not listed; retrieve them via the Exa API.