Spilker v. Abrahams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Paul M. Abrahams, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the loth day of December, 1908, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 6th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
This is an action for malicious prosecution. It was conceded that the defendant procured the arrest of the plaintiff upon a charge of forgery in the third degree; and that, after an examination before the magistrate, the proceedings were terminated by his discharge. The only questions remaining, therefore, were those of want of probable cause and malice. In April, 1907, plaintiff was the treasurer of a corporation known as the Structural Concrete Company. One Charles F. Varney was the president, and the defendant, who is a lawyer, was the secretary of the same company. The company…
2Cases cited3 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Scott v. Dennett Surpassing Coffee Co.Appellate Division of the Supreme Court of the State of New York · 1900
- People v. . UnderhillNew York Court of Appeals · 1894
3Cited by3 opinions
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1924
- Russell v. RhinehartAppellate Division of the Supreme Court of the State of New York · 1910
- Spencer v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908