Willard v. . Holmes, Booth Haydens
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city of Hew York, entered upon an order made February Y, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city of Hew York, entered upon an order made February Y, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Probable cause is defined to be a reasonable ground for a suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in his belief that a person accused is guilty of the offense with which he is…
1Opinion of the CourtGray, J.
This action was brought to recover damages for the malicious prosecution of a civil action. Whether such an action may be maintained, regardless of whether the plaintiff in the former action had interfered with either the person or property of the defendant therein, is a question we are not called upon to determine. The general rule at common law that an ordinary action, maliciously brought and without probable cause, which had terminated in favor of the defendant, gave rise to a right of action, certainly seems to have disappeared in England with the enactment of statutes giving costs to…
2Cases cited5 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Besson v. . SouthardNew York Court of Appeals · 1851
- Whipple v. FullerSupreme Court of Connecticut · 1836
- Bump v. BettsNew York Supreme Court · 1838
3Cited by36 opinions
- Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
- Engel v. CBS, INC.New York Court of Appeals · 1999
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Sachs v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1924
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