Legal Opinion

Gearity v. Strasbourger

Appellate Division of the Supreme Court of the State of New York

Decided July 13, 1909PublishedCited by 14 opinions

Appeal by the. defendants, Harry Strasbourger and another, from a judgment of the Supreme Court' in favor of the plaintiff, entered in the office of . the clerk-of the county of Hew York on the 22d day of June, 1908, upon the verdict of a jury for $500, and also from an order entered in said clerk’s'office on the 19th day of June, 1908, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

This is an action for false arrest and imprisonment and for malicious prosecution. Upon the trial no question Was raised with •respect to the right of the plaintiff to join the two causes of action, nor was any objection taken to their being combined in' one count in the complaint; but after the denial of a motion made by the defendants in the alternative for the dismissal of the complaint or for the direction of a verdict and after an adjournment of the court for tlie purpose of submitting the case to the jury, counsel for the defendants moved that the plaintiff be compelled to…

2Cases cited7 opinions

  1. Marks v. . TownsendNew York Court of Appeals · 1885
  2. Filer v. SmithMichigan Supreme Court · 1893
  3. Newman v. New York, L. E. & W. R. Co.New York Supreme Court · 1889
  4. Neimitz v. ConradOregon Supreme Court · 1892
  5. Smith v. Bell & Fyfe Foundry Co.Appellate Division of the Supreme Court of the State of New York · 1908

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3Cited by14 opinions

  1. Broughton v. StateNew York Court of Appeals · 1975
  2. Warner v. State of New YorkNew York Court of Appeals · 1948
  3. Sanders v. RolnickAppellate Terms of the Supreme Court of New York · 1947
  4. Brush v. LindsayAppellate Division of the Supreme Court of the State of New York · 1924
  5. Molyneaux v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1964

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